What is an electronic signature?

The electronic signature was introduced in Poland nearly 20 years ago, yet many people still have doubts about how it works. Understanding it is essential, as it simplifies business operations, interactions with public offices, and identity verification.

Electronic signature – definition

The definition of an electronic signature is outlined in the eIDAS Regulation (electronic Identification, Authentication, and Trust Services) – Regulation (EU) No 910/2014 of the European Parliament and the Council of July 23, 2014. This regulation governs electronic identification and trust services for transactions within the EU internal market.

According to eIDAS, an electronic signature consists of:

“Electronic data attached to or logically associated with other electronic data, used by the signatory as a signature.”

What does this mean in practice? The “other data” in the definition refers to elements of a digital certificate that link the signature to a specific person. Essentially, an electronic signature is the digital equivalent of a handwritten signature used for signing various documents.

Applications of an electronic signature

Electronic signatures have wide applications in the business sector. They can be used to sign:

• Employment contracts
• Agency agreements
• Civil-law contracts
• Tender documentation
• Official documents submitted remotely to government offices

Companies that have been using electronic signatures for years rely on them for internal documentation and contract signings with business partners. This technology enables organizations to finalize strategic transactions quickly, even with partners located on different continents.

Types of electronic signatures

In Polish law, electronic signatures carry legal force, as outlined in Article 78 of the Civil code:

“For an electronic legal act, it is sufficient to submit a declaration of intent in electronic form and sign it with a qualified electronic signature. A declaration of intent made in electronic form is equivalent to one made in writing.”

Standard electronic signature

A standard electronic signature refers to any signature made in an electronic format. In practice, we use it daily, for example, when sending emails with a signature footer. However, this type of signature is not certified and can be easily forged, making it unsuitable for legally binding documents such as employment contracts.

Advanced electronic signature

An advanced electronic signature is more secure. It is linked to a specific person through a dedicated system and can be used for most business contracts. It offers greater legal value than a standard signature, particularly in court proceedings.

Qualified electronic signature

A qualified electronic signature meets the strictest legal and technical requirements. Many companies still use special devices to apply these signatures, such as:

• Cryptographic smart cards
• Card readers

However, modern solutions—such as those offered by SIGNIUS—eliminate the need for hardware, enabling fully online qualified signatures via a dedicated platform.

How does an electronic signature work?

A secure electronic signature relies on mathematical algorithms and must meet specific security requirements:

1. It must be assigned to only one person.
2. It must be linked to the signatory’s personal data and identity verification.
3. Once applied, it cannot be altered or removed.

The verification process plays a crucial role in issuing a qualified certificate, ensuring the signature is securely tied to an individual. To prevent fraud, identity confirmation is required during the signing process, often through SMS verification or video calls.

Electronic signature – summary

Electronic signatures have revolutionized business operations, significantly accelerating digitalization. Fully automated platforms, such as SIGNIUS, provide modern solutions without the need for physical cards or readers. The entire process of issuing a qualified signature is fully remote, and identity verification can even be completed via video call.

Need an electronic document signing solution? Contact us! Want to obtain a remote qualified signature? Sign up for a free account and get your qualified signature in just 10 minutes!