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Digital Signatures - Key Insights from Recent Court Ruling

18 Dec 2023 Luxembourg 1 min read

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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.
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