Electronic signature, qualified signature, advanced signature, document form, written form… We realize that someone who has encountered the topic of electronic document signing for the first time or one of the first, may feel a little lost among the multitude of new terms.

Today we will focus on clarifying once and for all the doubts about whether an electronic signature is a written form and whether an e-signature can replace the old-fashioned handwritten signature.

Is an electronic signature a written form?

Well… both yes and no. The electronic signature makes it possible to preserve the written form of the contract being signed, but not always.

Before we finish the thought, a few more words are necessary about the documentary form – the second most common form of contracting in Poland after the written form. The documentary form does not require a handwritten signature. This is a relatively new solution, which was implemented in 2016. Finding an alternative form to the handwritten signature for approving documents was necessary due to the progress of digitization. More and more matters began to be handled online, and waiting for a handwritten signature significantly and unnecessarily prolonged the processing of contracts.

Thus, a document form was created, i.e. one whereby instead of signing in person, we can approve the document, for example, via email, SMS or voice message. A contract in document form can also be signed with any e-signature – whether qualified or ordinary

And this is what makes the document form different from the written form. The only way to electronically approve a contract that requires written form is to use a qualified electronic signature. An ordinary, non-qualified or advanced electronic signature is insufficient. The eIDAS Regulation unequivocally resolves that a qualified signature has legal effect equivalent to a handwritten signature. Therefore:

Is an electronic signature a written form? NO

Is an electronic qualified signature a written form? YES!

When is an electronic signature qualified?

Okay, but then when is a signature qualified?

A qualified signature is the highest standard of electronic signature, requiring personal proof of identity at a certified third-party qualified signature company. It is a fully secure way of approving contracts that is equivalent to a handwritten signature.

A qualified signature must be stored on a PIN-protected cryptographic device (such as a flash drive or card) or with a secure, protective application.

Who issues the electronic signature?

A certified qualified signature is issued for a fee by entities registered with the Ministry of Economy, such as Asseco Data Systems S.A., Enigma SOI, EuroCert Sp. z o.o., Krajowa Izba Rozliczeniowa S.A., and Polska Wytwórnia Papierów Wartościowych S.A.. In most cases, you have to go in person to collect a qualified signature to confirm your identity.

However, some companies (e.g. Asseco Data Systems S.A’s partner eSIGN), allow you to quickly (you can set up a qualified signature even in 30 minutes!) create a qualified signature at the client’s place, without having to leave your home or company’s premises.