Lakshay
Admissibility / Validity Of Electronic Signatures in Poland and Dubai
Lakshay Parmar 1 Sep 2020

Admissibility / Validity Of Electronic Signatures in Poland and Dubai

Is Docusign/Electronic signatures valid in Poland and Dubai

 

Admissibility of E-signatures in Poland: 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 by law.

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 signature.

2.      Real property transactions. (Notarization)

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 resolutions.

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.

Fundamental 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:

1.      The nature, value and importance of the transaction being supported by the electronic signature;

2.      Steps taken by the relying party to verify the identity of the signatory of the electronic signature;

3.      Evidence of prior breach or cancellation of the electronic signature;

4.      Previous transactions between the parties, which relied on electronic signatures; and

5.      Any other relevant factor.

 

However, specific categories of transactions and documents for which electronic signatures may not be used, including:

1.      Transactions and issues relating to personal law such as marriage, divorce and wills;

2.      Deeds of title to immovable property;

3.      Negotiable instruments;

4.      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;

5.      Any document legally required to be attested before a Notary Public, and

6.      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. 

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