2022-01-27
Certum qualified electronic signature — efficient management in the digital age
Qualified electronic signatures are widely used in the business world. They facilitate, speed up and bring order to recruitment processes, conclusion of B2B/B2C agreements and company record keeping. By using a secure electronic signature, you can sign documents, such as electronic invoices, legal documents in judicial writ of payment proceedings, e-declarations and much more
B2B and B2C agreements
Running a business involves various complexities associated with the process of concluding agreements. Companies prepare contract documents in detail, specifying each point precisely, this is to avoid legal problems in the future. Many companies are hesitant to go paperless because of doubts about the legal value of electronic solutions. However, the e-signature has been legally recognized in numerous countries. In Europe, under the eIDAS regulation, which introduces uniform standards and acceptance of electronic signatures across European Union member states. An additional advantage of using a qualified electronic signature is that its legal effect is equivalent to a handwritten signature.
An important advantage of a qualified electronic signature is that it is a digital representation of a handwritten signature on a document, of course not in a graphical sense, but in terms of the legal effects it produces. This means that it can be used whenever a written form is required.
According to Art. 78 of the Civil Code, a declaration of will made in electronic form is equivalent to a declaration made in writing. Signing an agreement electronically, i.e., with a qualified electronic signature, is equivalent in effect to signing it by hand. This means that if a written form is required for a given agreement, it is sufficient to conclude it electronically by signing the document (in file form) with a qualified e-signature.
Today, for a number of agreements to be valid, it is sufficient for the contents of the agreement to be included in the body of the e-mail correspondence or as an attached file. However, the law varies the evidentiary power of electronic documents depending on how they are prepared and signed. An e-mail message may meet the requirements of the documentary form if it is possible to determine the person making the statement and no agreement needs to be concluded in any other form (e.g., written). However, in order to meet the requirements of electronic form as specified in the Civil Code, a qualified electronic signature must be used.
There are many types of agreements in Polish law. To evaluate whether an agreement can be signed remotely, consider its:
- type,
- subject,
- content, and in particular the clauses included.
On this basis, it should be verified whether the law provides for a specific form for entering into a particular agreement. Most important in this assessment will be to determine whether the legal act in question must be performed in a particular form.
Electronic signature in business is perfect for concluding various types of agreements and contracts with clients and contract partners, as it can be used for:
- sales agreements,
- contracts of mandate,
- lease agreements,
- agency agreements,
- employment agreements,
- civil law agreements,
- managerial contracts,
- powers of attorney,
- confidentiality agreements,
- invoices,
- tender documentation,
… and many other types of agreements and documents.
Internal company documentation
A qualified electronic signature is perfect for internal company documentation. There is a heavy rotation of various types of regulations, instructions, schemes, orders, minutes or motions in enterprises. Estimates indicate that employees spend about 30% of their time looking for paper documents, whereas with electronic documents, they can be stored very easily and then found simply and quickly.
With an e-signature, you can effectively sign:
- work, remuneration and bonus regulations,
- organizational regulations,
- organizational schemes,
- task cards of organizational units and cells,
- job responsibilities,
- organizational instructions,
- authorization to process personal data,
- ordinances,
- commands,
- general letters,
- holiday requests,
- delegations,
- delivery and acceptance protocols,
- powers of attorney,
- certificates of employment,
- PIT-11 forms,
- financial decisions.
All such documents can be quickly and securely signed even without leaving home, just by using a qualified electronic signature.
HR Documents
The qualified electronic signature can be successfully used in many areas, and one of them is documentation related to the functioning in the sphere of HR. It can be used to sign employment agreements, contracts for specific work or contracts of mandate. Using e-signature, entrepreneurs can perform all HR processes electronically, which is a great convenience for both parties: the employer and the employee. At present, documents such as employment contracts or certificates of employment are often printed and signed manually. In remote work mode, this is a major complication. The only solution that replaces a handwritten signature on a paper document in a legally binding manner is a qualified electronic signature.
Digitalization in HR works very well especially when the work is not performed from the office. This allows you to maintain electronic employee files without having to print them or send them by mail or courier. It is also important to note that there is no need to keep a digital file for each employee, it is up to the employer to decide whether to keep the file electronically or on paper.
An employment agreement can be entered into remotely with an employee if both parties have a qualified electronic signature. The affixing of such a signature to a declaration of intent renders it expressed in a form equivalent to writing. These rules apply to both contracting and termination.
In the case of a civil law agreement, it is also advisable to use a qualified electronic signature in the same way as in the case of a remote conclusion of an employment relationship under an EA. Employers should keep in mind that it can be more complicated to change the terms of such agreements or to terminate them, as they often contain clauses that require the amendment or termination to be in writing under pain of nullity. In such a case, failure to comply with the form specified in the agreement may result in the declaration of will made by the entrepreneur in accordance with the law not having the desired effect. In this case, one solution is to use a qualified electronic signature.
Two types of certificates are possible for electronic signatures:
- universal,
- with additional data, where it is possible to include supplementary information, such as details of the entity being represented.
If you want to obtain a qualified electronic signature with a certificate with additional data, in addition to verifying the identity, it is necessary to provide documents confirming the data of the represented entity (i.e. power of attorney or an extract from the National Court Register). A certificate with additional data confirms that the person signing the document is acting on behalf of a specific entity.
The introduction of an electronic workflow may concern the signing of agreements or annexes with both new and existing employees.
Participation in electronic auctions
An electronic signature is an excellent tool for participating in electronic tenders and auctions. It can be used to register and identify contractors and sign documents. Thanks to the use of a qualified electronic signature in an electronic auction, we have undeniable proof that a bid has been placed by a specific person.
Since an electronic signature is issued to a specific person, it is that person who must make declarations of will on behalf of the company when submitting bid documents. If the signature will be used by someone who is not indicated in the company documents (KRS, EDG) as a representative, the Principal shall be informed about granting power of attorney by the Contractor to the designated person. This power of attorney can be granted, for example, only for one auction or for a specific period of time. In addition, it may also be in electronic form, bearing a qualified electronic signature.
A qualified electronic signature allows for:
- participating in auctions and tenders,
- submission of applications,
- full electronic communication (in accordance with the ESPD, or European Single Procurement Document).
Signing documents on signature platforms
An electronic signature can be used through a smartphone, laptop, tablet, computer or any other device with internet access. It is issued as a mobile or physical card with a reader. An electronic signature can be used as a separate tool, but also as part of a document signing platform. The SimplySign electronic signature from Certum can be seamlessly integrated with any document or transaction workflow system or electronic banking system. Through the SimplySign API, it is also possible to integrate with signature platforms and trigger the function to affix a qualified electronic signature to a document.