Electronic timestamp – what is it, how does it work and why is it worth using? 2/2

Qualified electronic time stamp is not only a technology, but above all a guarantee of security and legal compliance of digital documents. Find out how its use can protect your data, extend the validity of electronic signatures and ensure their recognition throughout the European Union.
Timestamps in Digital Trust Services

Benefits of using a timestamp

The use of qualified timestamps in the above areas brings a number of tangible legal and practical benefits:

  • Providing a "certain date" and a trusted time stamp. A qualified time stamp guarantees the so-called certain date of a document within the meaning of Polish civil law. This means that the existence of a document at a given time is irrefutably certified - similarly to the notarial certification of the date on a paper document. In a legal dispute or during an inspection, a document with a qualified time stamp constitutes strong evidence confirming that it already existed at the time indicated in the stamp. This protects against allegations that the document was fabricated later or that the date on it was changed. In other words, a time stamp is the digital equivalent of an official date stamp , giving the parties certainty as to the moment of the legal act.

 

  • Data integrity and security. By linking the document to time and signing this link by a trusted provider, any subsequent modification of the document will be detected (as it will violate the electronic signature of the stamp). The time stamp therefore guarantees the integrity of the document from the moment it was affixed - we are sure that the content has not changed since that moment. Additionally, the use of high-level cryptographic mechanisms (e.g. algorithms for qualified signatures and seals) makes it difficult to forge or counterfeit such a time stamp. This is also an additional protection against date manipulation - without the use of trust services, someone could try to change the computer's system date and produce a document with a false date, but a qualified time stamp eliminates this possibility.

 

  • Validity of electronic signatures over a long period of time. One of the greatest advantages of time stamps is the extension of the lifespan and validity of electronic signatures . As mentioned, the regulations require that a qualified electronic signature be submitted within the validity period of the certificate assigned to it. A time stamp allows you to document this - it is proof that the signature was made, for example, before the certificate expired or was revoked. This is critical when verifying a document long after it was signed. Thanks to time stamps, electronic signatures and seals can be safely stored for many years without losing their validity , because even if the original signature certificate is no longer valid, we have independent proof of the time of submission of the signature. In practice, it is recommended that every important document signed electronically be immediately provided with a time stamp - currently, many signature platforms do this automatically to ensure the long-term validity of the signature. In addition, time stamps provide an additional layer of cryptographic security for signatures and seals. They make them more resistant to future threats (e.g. the potential weakening of encryption algorithms in the age of quantum computing) – even if current algorithms are broken in the distant future, earlier timestamps will preserve evidence that the document was intact at the time of their posting.

 

  • Legal recognition and trust throughout the European Union. A qualified time stamp is a trust service with regulated legal status in the EU. According to Article 41 of the eIDAS Regulation, a qualified electronic time stamp benefits from a legal presumption that the date and time it indicates are correct and that the data covered by the stamp have maintained their integrity. In other words, the law presupposes that we can trust the time information from a qualified time stamp until proven otherwise. In addition, such a time stamp cannot be rejected as evidence in court proceedings simply because it is in electronic form or comes from another EU country. On the contrary - every qualified time stamp issued in one Member State is automatically recognized in all other EU countries without additional formalities. Thanks to this, documents bearing such stamps can be submitted to offices or courts across borders, and they must respect their evidentiary value. In the reality of increasingly widespread digital circulation in Europe, this increases trust in electronic documents and facilitates their use in different countries.

 

Meeting formal and industry requirements. In some sectors and situations, the use of a time stamp is absolutely necessary to meet the requirements of regulations or standards. For example, as mentioned above, registered e-delivery platforms must attach time stamps to proofs of delivery. Also in the financial sector and public administration, internal regulations or good practices often require the use of time stamps (e.g. banks may require that documents electronically signed by the client contain a time stamp for acceptance). By using a qualified time stamp, we ensure compliance with applicable regulations regarding the time of documenting legal actions, which reduces the risk of challenging the document on formal grounds.

Is it always necessary to use a timestamp?

Despite the numerous advantages, it is worth asking whether every electronic document requires a time stamp. The answer depends on the nature of the document and the needs.

According to the law, there is no general obligation to use a time stamp when signing or sealing electronic documents. Therefore, a valid electronic signature can be made without adding a time stamp - such a document will still be legally effective, provided that the signature itself meets the requirements (e.g. a qualified signature made by an authorized person).

 

In practice, however, the lack of a time stamp means that the date shown with the signature comes only from the signing device (the computer's system time). Such a date can be changed or disputed because it is not authenticated by an external, independent entity. Therefore, if the precise moment of signing is not of major importance or the document is purely internal or working, omitting the time stamp is possible and does not violate the regulations. For example, when signing an email with a personal certificate for your own convenience, adding a time stamp may be a triumph of form over substance.

 

However, it is worth considering the risk: could someone potentially challenge the date of creation of this document? If the document is later submitted as evidence or is required to be kept for years, the lack of independent confirmation of the time weakens its credibility. In the event of doubts as to the date of creation, such a document may require additional procedures (e.g. expert opinion or other evidence) to determine when it was created. Therefore, in most business and official situations, it is recommended to use a time stamp - as it provides significant added value. Many modern solutions automatically attach a time stamp to each signature precisely so that the user does not have to think about it. To sum up - a time stamp is not formally required for every signature, but except for trivial or temporary documents, omitting it is rarely beneficial . It is definitely better to have a "friendly" proof of time in case of potential disputes than to regret later that you did not use it.

Summary

Electronic time stamps have become an essential element of secure digital document circulation. They enable precise confirmation of the date and time of preparation or submission of a document and protection of its content from changes from that moment on. They are commonly used when signing contracts and important electronic letters, in e-invoicing systems, digital archives and when sending electronic correspondence where time is critical .

The use of a qualified time stamp brings tangible benefits: from legal certainty (certain date, presumption of the date's truthfulness) and compliance with regulations, to practical security (document integrity, protection against signature challenge in the future). Although adding a time stamp is not always mandatory, in most cases it is a good practice that increases the credibility of electronic documents. In the era of digitization of administration and business, this service is easy to implement and significantly increases trust in electronic documents and their evidentiary value.

It can be safely stated that currently a qualified time stamp is one of the pillars of digital trust services , facilitating the functioning of the economy and administration in electronic form in accordance with legal requirements and security expectations.

An electronic time stamp is an essential element of digital document circulation. It allows for secure documentation of the moment of creation or transmission of information and effectively protects against manipulation. The use of a qualified time stamp is particularly important for documents of great legal and financial importance.

We encourage you to read the first part of the article, in which we discuss in detail the practical applications of electronic timestamping in various sectors.

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