Electronic and handwritten signature on one contract - is it possible?

Nowadays it is becoming more common to see documents signed electronically. However, many people still prefer the traditional handwritten signature. Is it possible to combine these two forms and sign a contract simultaneously with an electronic and handwritten signature? Will such a contract be valid? And what if one party signs it electronically and the other handwritten?

8-minute read Published: December 17, 2024

When is a contract valid?

In general, for a contract to be valid, it must meet certain conditions, such as:

consensual statements of intent by the parties - Both parties must be willing to enter into the agreement and agree to its contents;
legal capacity - The parties must be of legal age and have full legal capacity;
The subject matter of the contract must be feasible, lawful, and specified - -. The object of the contract must be realistic, in accordance with applicable regulations and clearly defined;
the form required by law must be observed - The contract must be concluded in the form prescribed by law, such as orally, in writing or in the form of a notarial deed.

In Polish law, as a rule, the form of a contract is arbitrary, unless special provisions provide otherwise. This means that a contract can be concluded orally, in writing, or even implicitly (e.g., through the behavior of the parties).

Written form vs. electronic form

However, there are situations when the law requires written form under pain of invalidity. Written form is a durable medium that allows the content of a statement of intent to be reproduced in the future. It can be a paper document with a handwritten signature, but also an electronic document bearing a qualified electronic signature.

A qualified electronic signature is equivalent in legal effect to a handwritten signature.

It is a type of electronic signature that:

is uniquely attributed to the signer,
allows identification of the signer,
is submitted using data that only the signer has access to,
is linked to the data to which it is attached in such a way that any subsequent change in the data is detectable.

Electronic and handwritten signature on one contract

As a rule, there is no obstacle to one contract being signed simultaneously with an electronic signature and a handwritten signature. Such a situation may occur, for example, when:

The parties are in different locations and one prefers to sign the contract electronically and the other by hand,
The agreement is multilateral and some parties prefer electronic signatures and others prefer handwritten signatures,
The contract is drawn up in paper form, but one of the parties wants to additionally affix its qualified electronic signature for greater security.

In such a situation It is important for each party to sign in a way that satisfies and is binding on them.

Electronic signature vs. handwritten signature - different sides of the deal

Similarly, there is no obstacle to one party to the contract signing it with an electronic signature and the other party signing it with a handwritten signature. This is an increasingly common practice, especially for distance contracts.

However, it should be remembered that if the law requires written form under pain of nullity, then both parties must provide signatures that meet these requirements.

This means that if one party signs a contract with a qualified electronic signature, the other party must also provide a qualified electronic signature or a handwritten signature on a paper document.

Additional information:

It is worth remembering that trusted signature (Trusted Profile) is not qualified electronic signature. It can be used for contacts with the public administration, but it will not always be sufficient for signing civil law contracts.

If the contract is signed electronically, it is worth taking care of the following document security and its integrity. This can be done, for example, by using electronic seal or mechanisms to protect against modification.

In the case of distance contracts, it is worth ascertain the identity of the other party i verify the authenticity of the electronic signature.

The submission of a qualified signature and a handwritten signature on a contract often involves separate, double filing. A paper version with the original handwritten signature and a written confirmation of the qualified signature certificate. Since the validity of the contract is established by original signatures, then only the paper version with confirmation of the qualified signature certificate is valid. The electronic version is signed originally by only one of the parties, while the signature of the other party is only a scan (copy) of the document.

Signing contracts simultaneously with electronic and handwritten signatures, or having one party sign a contract with an electronic signature and the other with a handwritten signature, is acceptable and met.

However, it is important for each party to sign in a way that is binding on them and meets the requirements of the law.

In case of doubt about the form of the signature, It is always a good idea to consult a lawyer.

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