The District Court of Luxembourg confirms a decision of first instance before the Justice de paix by reminding that a mention certified by a e-signature service cannot be considered as an electronic signature in the absence of any authentication document or a qualified certificate that establishes its compliance with legal requirements. Here's your concise breakdown:
- Signature clarity: the court invalidated the electronically signed lease agreement due to the absence of genuine electronic signatures. A mere computer-generated printout of names and surnames is deemed insufficient.
- The reason: a European standard: in accordance with European legislation, an electronic signature is defined as electronic data attached to other electronic data. So why printing a name does not qualify as an electronic signature?
- Authenticity check: insofar as there is no electronic data on a paper document, it is not possible to verify the authenticity of this form of signature.
