- Which documents can use an electronic signature and take legal effect?
- Which documents cannot use electronic signatures and take legal effect and why?
- What are the legal requirements for electronic signatures on documents?
- Are there any proposals to change the law relating to electronic signatures?
- Are there any other factors which prevent documents being entered into in electronic format?
jurisdiction
1. Which documents can use an electronic signature and take legal effect?
Generally, any document which does not need to be registered at the Hungarian Land Registry can be signed using an electronic signature. This includes:
- Non-disclosure agreements;
- Exclusivity agreements;
- Sale contracts; and
- Leases and related letting documents; guarantees.
2. Which documents cannot use electronic signatures and take legal effect and why?
Any document which requires registering or noting with the Hungarian Land Registry cannot be signed using an electronic signature. This includes:
- Transfers;
- Option agreements;
- Mortgage agreements/charges;
- Documents discharging a mortgage/charge; and
- Easements.
3. What are the legal requirements for electronic signatures on documents?
There are no additional legal requirements for an electronic signature of a document.
4. Are there any proposals to change the law relating to electronic signatures?
No.
5. Are there any other factors which prevent documents being entered into in electronic format?
Possibly, the following issues could prevent a document being entered into in electronic format:
- documents from outside the EU are recognized only on the basis of international treaties with Hungary in most cases with physical legalisation by the foreign authorities governing the requirements for them to be recognised; or
- if the document has to be treated as executed in a specific jurisdiction outside of Hungary. If the place of signature or the location of the document has particular legal consequences, it may be better to have a physical signing.