1. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) and with a time stamp | Yes |
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2. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) without a time stamp | Yes |
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3. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) and with a time stamp | Yes |
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4. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) without a time stamp | Yes |
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5. Electronic document signed with advanced biometric signature | Yes |
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6. Electronic document signed with a simple, standard electronic signature (SES) | Yes |
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7. Scanned electronic version of the original paper-based document with handwritten signature sent as an attachment in ordinary e-mail without an electronic signature, but with standard e-mail signature panel | Yes |
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8. Legal statement sent as a text of an ordinary e-mail without an electronic signature, but with a standard e-mail signature panel | Yes |
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9. Legal statement sent in an SMS | Yes |
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10. Electronic document with a copy-pasted image of a handwritten signature, sent as an attachment of an ordinary e-mail | Yes |
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11. Electronic document with the typed name of the signer and sent as an e-mail attachment | Yes |
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12. Electronic legal statement sent in a social-media message sending application (e.g. Messenger, Viber, LinkedIn, Facebook message, etc.) | Yes |
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13. Electronic legal statement sent in a chat application | Yes |
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14. Electronic document created on an electronic platform ensured by the other party requesting the legal statement (without an electronic signature) by another party whom the operator of the platform granted access | Yes |
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15. Electronic document signed in DocuSign/Adobe Sign with a simple standard electronic signature (no QES or AdES) | Yes |
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16. Electronic document signed with a qualified electronic seal as defined in the eIDAS Regulation | Yes |
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17. Agreements accepted by the other party online, by ticking a checkbox or by clicking on a button ("click on agreements") | No |
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7. Remarks/Comments to use cases (if yes/no answer is not sufficient)
As mentioned above, any electronic form is permissible as such, however, would be deemed as written only if captured on a material basis from which it is possible to identify the content of the legal act and the persons, who performed the legal act and other statutory obligations (if applicable). In case of potential litigation, burden of proof would always be on the side of the party who would claim that the document in question was signed by a certain person. Most forms of electronic signing noted above have not been tested by the courts and it is therefore difficult to predict the position of courts in relation to these forms.
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