Why choose Hatiroo®?
2022-10-23Why do I need Autenti® or DocuSign® when I have a qualified signature?
2022-12-18Is a traditional handwritten signature applied to paper fully secure? We were inspired to write this article by a conversation with one of the people attending a meeting about our system and electronic signatures.
She recalled with fondness the times when the only legitimate way to approve various types of documents was a handwritten signature. In fact, are signatures made with a pen on paper the safest form?
Does familiar = safe?
Not so long ago, we used to sign all contracts by hand and, in theory, everything worked as it should. When signing a contract, a new employee would show proof, an HR employee would verify identity, and the employee could securely sign the document. Why complicate life and introduce electronic qualified signatures in addition? That was the question we received at one of our meetings.
Well, that’s exactly it – why? The main advantage, of course, is mobility and the ability to sign a document from anywhere on earth. And what are the security issues and differences between qualified and handwritten signatures?
Is a handwritten signature on a paper document completely secure?
When starting any discussion about the safety or usefulness of various types of contracts, not just employment contracts, it’s worth remembering that written agreements are usually made “for worse.” When cooperation is going well and neither party reports problems, the contract usually lands in the archives and we look at it more (possibly to see when it is valid until).
An in-depth analysis of the provisions or crocks in the contract begins when there is a conflict between the parties. In such a situation, does a handwritten signature, such as on an employment contract, give 100% security and certainty? What if the other party’s lawyer disputes that it was not his client who signed?
Unfortunately, no. An HR employee verifying the identity of a prospective employee does not (and even cannot!) take responsibility for this. Such a procedure is just a formality, which, in case of problems, will not be any evidence in the process of possible legal proceedings. If the person who signed the contract claims that the signature does not belong to him, there is no way to verify this or find the guilty person. This is the case regardless of whether the HR specialist verified the identity, did so incorrectly or did not verify it at all.
Qualified signature vs. identity verification
The issuance of a qualified certificate is preceded by confirmation of identity by entities listed in the Ministry of Economy, such as Asseco Data Systems S.A., Enigma SOI, EuroCert Sp. z o.o., Krajowa Izba Rozliczeniowa S.A. or Polska Wytwórnia Papierów Wartościowych S.A.. In most cases, this is done during an in-person visit, although there are also providers that allow remote identity verification.
The person confirming the identity has notarial authority to verify the identity of the person wishing to produce a qualified signature. He or she is personally responsible for making sure the process is done correctly. Qualified signatures are therefore an even more secure way of confirming identity, allowing people to sign documents that require a written form. In the event of any discrepancies in the data contained in the signature with the identity of its owner, the entity that issued the qualified certificate will be held liable. Thus, in a situation where the other party’s lawyer successfully disputes that it was not his client who affixed the signature, and the qualified signature was defectively issued, we can bring claims against the person confirming the identity (who usually has insurance for such a circumstance).Qualified signature is the safest way of confirming identity that we can currently use. Podpis elektroniczny a forma pisemna.