Signature creation
Worth knowing about the eIDAS-VO



The eIDAS regulation (eIDAS stands for "Electronic Identification And Trust Services") is a regulation on electronic identification and trust services for electronic transactions in the 27 member states of the European Union. eIDAS represents a real legal innovation, the stated purpose of which is to encourage the development of digital applications in Europe. The eIDAS is divided into two main points:

The EU regulation enables a simplified procedure for personal electronic signatures. The qualified certificate does not necessarily have to be on one Smart Card but can be stored in a secured IT environment of a qualified trust service provider. This means that the electronic signature can also be triggered remotely, for example with mobile devices such as tablets and smartphones.

With the publication of the eIDAS Implementation Act on July 28, 2017 in the Federal Law Gazette, it came into force on July 29, 2017. At the same time, the Signature Act of May 16, 2001 and the Signature Ordinance of November 16, 2001 are no longer in force. The core of the eIDAS Implementation Act is the Trust Services Act (VDG). This transposed the EU regulation eIDAS into national law.

A trust service is loud eIDAS regulation, Article 3 (16), an electronic service, usually provided for a fee, responsible for, among other things, generating the seal, signature and website certificates. A qualified trust service is a trust service that meets the relevant requirements of the eIDAS regulation fulfilled, Article 3 (17), and is checked every two years in a complex procedure by an accredited conformity assessment body and the result is communicated to the competent supervisory authority (BNetzA or BSI). The status as a qualified trust service provider can be verified throughout Europe via a trust list and a seal of approval. The German trust list is on the EU's Trusted List Browser website visible.





Qualified electronic signature

eIDAS Art. 25 (2): A qualified electronic signature has the same legal effect as a handwritten signature.

Civil Code (BGB) Section 126a Electronic form: If the legally required written form is to be replaced by the electronic form, the issuer must add his name to the declaration and provide the electronic document with his qualified electronic signature.

Code of Civil Procedure § 371a Probative value of electronic documents: The appearance of the authenticity of a declaration in electronic form, which is based on the verification of the qualified electronic signature in accordance with Article 32 of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257 of 28.8.2014, p. 73) can only be shaken by facts giving rise to serious doubts about it that the declaration has been made by the responsible person.

Qualified electronic seal

eIDAS Art. 35 (2): For qualified electronic seals, the presumption of integrity of the data and correctness of the proof of origin of the data applies.

Qualified electronic timestamps

eIDAS Art. 41 (2): Qualified electronic time stamps are presumed to be accurate of the date and time indicated therein and of the integrity of the data associated with the date and time.

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