The evidentiary value of the simple electronic signature
Posted: Tue Jan 07, 2025 8:36 am
Digitalization of processes and use of electronic signatures in HR
But what is, in practice, the probative value of a simple electronic signature? Bearing bulgaria whatsapp resource in mind the considerations made so far, it is worth remembering that, according to the CAD (Digital Administration Code), the probative value of an electronic document signed with a simple electronic signature and its effectiveness with respect to art. 2702 of the civil code can be freely assessed in court, in relation to the characteristics of integrity , security and unalterability . This means that, net of specific legal provisions, the value of the FES used is directly linked to its technological and process characteristics: the principle of technological neutrality, from this point of view, constitutes an advantage, because it allows producers of simple electronic signatures to develop different solutions suitable for strengthening the FES solutions, as we will see shortly.
In some cases, our legal system excludes the use of the FES a priori: these are all those acts for which the written form ad substantiam is required, identified by art. 1350 of the civil code and other special laws: this is the case, for example, of the acts that determine the sale of real estate or electronic invoices and other accounting records, or insurance and banking contracts. For acts that require the written form ad subsantiam it is necessary to use an advanced electronic signature or a digital signature , in compliance with the provisions of the law.
The simple electronic signature, on the other hand, can be used for all those acts that require the written form ad probationem, for which the use of an FEA or a digital signature is not strictly required.
But what is, in practice, the probative value of a simple electronic signature? Bearing bulgaria whatsapp resource in mind the considerations made so far, it is worth remembering that, according to the CAD (Digital Administration Code), the probative value of an electronic document signed with a simple electronic signature and its effectiveness with respect to art. 2702 of the civil code can be freely assessed in court, in relation to the characteristics of integrity , security and unalterability . This means that, net of specific legal provisions, the value of the FES used is directly linked to its technological and process characteristics: the principle of technological neutrality, from this point of view, constitutes an advantage, because it allows producers of simple electronic signatures to develop different solutions suitable for strengthening the FES solutions, as we will see shortly.
In some cases, our legal system excludes the use of the FES a priori: these are all those acts for which the written form ad substantiam is required, identified by art. 1350 of the civil code and other special laws: this is the case, for example, of the acts that determine the sale of real estate or electronic invoices and other accounting records, or insurance and banking contracts. For acts that require the written form ad subsantiam it is necessary to use an advanced electronic signature or a digital signature , in compliance with the provisions of the law.
The simple electronic signature, on the other hand, can be used for all those acts that require the written form ad probationem, for which the use of an FEA or a digital signature is not strictly required.