Admissibility / Validity…
Docusign/Electronic signatures valid in Poland and Dubai
Admissibility of E-signatures in
accordance with Polish law, a written signature for a valid contract is not
necessarily required. Contracts are usually valid if the legal competent parties
agree orally, electronically or on paper (Art. 60 and Art. 66 of the Polish
Civil Code) unless a specific form for concluding the contract is required
The eIDAS ( Regulation came into force on 1st
July, 2016 which relates to electronic signatures and is technology neutral
defining three types of electronic signature (Standard Electronic Signature, Advanced
Electronic Signature and Qualified Electronic Signature). Article 25(1) provides
that an electronic signature shall not be denied legal effect and admissibility
as evidence in legal proceedings solely on the grounds that it is in an
electronic form or does not meet the requirements of a QES. The legal impact of
a QES is equivalent to the document signature in Articles 25(2) and (3)
and it is ensured that a QES recognized in one EU Member State, will be recognized
in other Member States as well. Finally, Recital 49 requires national law
to define criteria for electronic signatures establishing under which
circumstances it might be required.
In accordance with Poland Laws, a QAS is a
legal e-signature. Though, it does not mean any e-signature other than QAS will
be denied admissibility, it would just need additional evidence to support it.
An AES is an “advanced electronic signature”, a
type of electronic signature that meets the following requirements: (a) it is
uniquely linked to the signatory; (b) it is capable of identifying the
signatory; (c) it is created using means that are under the signatory’s sole
control; and (d) it is linked to other electronic data in such a way that any
alteration to the said data can be detected.
A QES is a specific digital signature
implementation that has met the particular specifications of a government,
including using a secure signature creation device, and been certified as
‘qualified’ by either that government or a party contracted by that government.
However, Electronic signatures might not be
used in certain transactions such as:
1. Employment contracts,
termination notices for which the Civil Code specifically requires an ink
2. Real property
3. Family law documents
such as Wills, Marriage and Inheritance contracts.
4. Transfer of shares or
transfer of lease of an enterprise.
5. Corporate shareholder
6. All decisions issued
by the Government.
Admissibility of E-Signatures in Dubai: In the UAE, Federal law No. 1 of 2006 on electronic
transactions and e-commerce ("federal e-commerce law") governs the
use and admissibility of electronic signatures.
electronic signatures are widely defined to include all forms of electronic
signatures. This is commonly defined as electronically attached or logically
linked data that is used as an authentication tool.
An electronic signature that meets the
requirements of the Federal E-commerce Law has legal force and effect under the
Federal E-commerce Law. The Federal E-commerce Law further provides that
nothing in the laws of evidence (which includes Federal Law No. 10 of 1992
(“Law of Evidence in Civil and Commercial Transactions”) shall prevent the
admission of an electronic message or e-signature in evidence.
Reliance on electronic signatures must be
reasonable. Reasonableness is generally based on the following factors:
The nature, value and importance of the transaction being
supported by the electronic signature;
Steps taken by the relying party to verify the identity of the
signatory of the electronic signature;
Evidence of prior breach or cancellation of the electronic
Previous transactions between the parties, which relied on
electronic signatures; and
Any other relevant factor.
However, specific categories of transactions
and documents for which electronic signatures may not be used, including:
Transactions and issues relating to personal law such as
marriage, divorce and wills;
Deeds of title to immovable property;
Transactions involving the sale, purchase, lease (for a term of
more than 10 years) and other disposition of immovable property and the
registration of other rights relating to immovable property;
Any document legally required to be attested before a Notary
Any other documents or transactions exempted by special
provision of the law.
Conclusion: E-signatures are
admissible as a legal signature except in the cases wherein it is specifically
required/stated that there shall be a physical signature.