Personal signature from e-Evidence - when will it work and when won't it? Check before you sign!

Is an e-card signature enough to sign a valid contract? Not necessarily. Find out how a personal signature differs from a qualified signature and when it's worth reaching for a professional solution.
Personal signature from e-Evidence - when will it work and when won't it? Check before you sign!

Personal signature (e-Govt) - what is it?

 

Personal signature is an advanced electronic signature that is embedded in the electronic layer of the Polish identity card (the so-called. e-Card). It is obtained free of charge when making a new ID card, as long as we agree to store the personal signature certificate in the card. Such a certificate confirms our basic data (name, surname, PESEL, citizenship, etc.) and enables electronic signatures. In practice, a personal signature allows a citizen to sign electronic documents addressed mainly to public institutions - when dealing with the office, it is legally equivalent to a handwritten signature.

 

Outside of public administration, a personal signature (e-Government) can only be used with the consent of both parties.

 

This means that in private transactions, the other party must accept the signature so affixed in order for it to be valid. As a result, the scope of applications of a personal signature is limited primarily to official matters and less formal activities.

Qualified signature - features and application

 

Qualified signature is the highest type of electronic signature that meets the stringent requirements of the EU regulation eIDAS. It is legally equivalent to a handwritten signature in all contexts - both in dealing with public and private entities, at home and abroad.

A qualified signature is based on a qualified certificate issued by a a certified trust service provider (an independent, accredited institution). Obtaining such a certificate requires confirmation of the identity of the user (e.g., in person or remotely via video verification), so that the submitted signature is reliably assigned to a specific person.

As a result, a document bearing a qualified signature has the same legal force as a document signed by handand not only in Poland, but throughout the European Union. The qualified signature is considered the standard for signing important contracts and legal actions, and importantly, it is not linked to an ID card - it can be acquired independently of having an e-card (also by foreigners or people who have not yet replaced their ID with a new one).

How to use a personal signature?

Using a personal signature requires appropriate tools and software, as it is necessary to read the e-card and authorize operations with a PIN.

To sign a document using a personal signature from an e-card:

  1. Prepare your e-card and a reader or smartphone. Make sure your ID card has an activated personal signature certificate (you have an established PIN2 code for signing). You will need a device that can read the ID card's chip - e.g. a card reader connected to a computer or a smartphone with an NFC module.

  2. Install a dedicated app. Use the official software (eDO App or mOcitizen) on your phone or analogous software on your computer. This application allows you to read the data from the proof and provide a signature.

  3. Sign the document electronically. Launch the app and select the option to sign the document. Then upload the file you want to sign and place the proof on the reader or press it to your phone. The system will ask you to enter the code PIN2 for personal signature - once you enter it, the electronic signature will be applied to the document. The finished file bearing your personal signature can then be sent to the office or shared with the other party.

Using an in-person signature is sometimes technically less convenient - it requires the physical presence of proof to sign each document and a special reader or smartphone with NFC.

If you often sign documents electronically, it is worth considering the more convenient solution of a qualified signature.

Qualified signature vs. personal signature (e-Government) - key differences and advantages

The two types of electronic signatures differ significantly in their capabilities and range of applications: 

  • Full legal force and international recognition. A qualified electronic signature is automatically recognized as equivalent to a handwritten signature in all EU countries. A document signed with a qualified e-signature will be recognized equally abroad as in Poland. A personal signature (e-Providence) on the other hand, has the legal force of a handwritten signature only vis-à-vis public entities in Poland, and may not be recognized in private relations and abroad (unless the parties agree in advance on its honor). In other words - a qualified signature is universal, while a signature from an e-card works only locally.

  • Independent verification and security. A qualified signature is issued by an an independent qualified center (certified trust service provider). It guarantees the authenticity and security of the signature, eliminates the risk of conflict of interest and uses advanced identity verification methods - so you get full confidence in the person signing the document.

The personal signature does not use an independent provider - the certificate is embedded in the state-issued ID card, without additional external verification. The lack of such a trusted intermediary means that a personal signature does not meet the highest security standards and cannot be used in situations that require maximum legal certainty (such as the execution of notarial deeds or other important contracts). In these cases, it is the qualified signature that is required.

  • Scope of application and legal requirements. A qualified signature can be used to sign virtually any documents and legal actions, even those that by law require a written form. This is due to the fact that qualified e-signature, from the point of view of regulations, is treated the same as a handwritten signature. It can be used to sign such as commercial contracts, powers of attorney, official applications, and even financial or personnel documents - without additional arrangements between the parties.

In contrast, the use of a personal signature is sometimes limited to less formal documents. For example, while we can sign an official letter with an e-ID, entering into a contract with a contractor or making a statement of intent requiring an electronic form will be effective only with the use of a qualified signature (as reflected in civil law regulations). In short - qualified signature provides full freedom and legal certainty in all situations where a personal signature could prove insufficient.

  • Convenience, mobility and accessibility. Contrary to appearances, obtaining and using a qualified signature is extremely easy today. E-signature providers offer modern solutions such as cloud-based mobile signatures, which do not require a physical card or reader - all you need is an app on your phone and Internet access. This allows a document to be signed anywhere using a smartphone or computer. The podpisano.pl offer includes both mobile SimplySign qualified signatures, as well as traditional CertumMini sets, which include a cryptographic card and a USB reader. Users can choose the solution that best suits their needs - a mobile one for maximum convenience or a physical device for those who prefer the classic model of working with documents. In comparison, an e-Proof personal signature requires each time the physical presence of an ID card and a device to read it (e.g. a reader or a phone with NFC), which is sometimes less convenient for everyday use. In addition, the availability of a qualified signature is much wider - it can be obtained by anyone, including foreigners without a Polish ID card. The personal signature, on the other hand, is only available to holders of Polish e-cards issued since 2019 and requires prior application for its activation.


  • Timestamp - an additional guarantee of reliability. One of the key advantages of a qualified signature over a personal signature is the possibility of using a so-called "qualified time stamp. qualified timestamp. This is a digital stamp confirming the precise date and time of the signature, synchronized with the official UTC time. This stamp is issued by a qualified trust service provider and attached automatically or on request to the signed document.

 

What does the time stamp provide?

 

  • Legally binding date certain, required in many formal situations (e.g. contractual deadlines, submissions to authorities, registration of documents).

 

  • Proof that the signature existed at a particular point in time, even if the signature certificate later becomes invalid. 

 

  • Immunity from the charge of anti-dating a document, which can be crucial in litigation or in a tax audit.

Does the personal signature include a time stamp?

 

No - The personal signature from the e-Proof does not contain a qualified time stamp. This means that it is not able to provide a so-called. date certain in the sense of civil law. While such a signature confirms the identity and integrity of the document, it does not provide proof of when exactly it was made. This is an important difference, especially in the context of court or tax requirements or when verifying the timeliness of legal actions.

Qualified signature + time stamp = full protection

 

In the case of a qualified electronic signature, the time stamp can:

  • attach automatically when signing (if the signature provider provides such an option),
  • add later - for example, as part of signature maintenance, when we want to preserve its evidentiary value after the certificate expires.

     

Services offered by podpisano.pl make it possible to use a qualified signature in combination with a qualified timestamp. This gives each signed document an extra layer of security and legal credibility - not only is it known, who signed, but also when exactly he or she did it.

How to obtain a qualified electronic signature?

Since qualified e-signature offers the most possibilities, it is worth knowing, how it can be made. Unlike a personal signature (which is issued with an ID card), a qualified signature is purchased from a selected trust service provider. The process is simple and increasingly user-friendly. Read more about it here.

 

Summary, if you want a comprehensive, secure and legally recognized electronic signature, qualified signature is an unbeatable choice.

A personal signature from an e-Evidence can be used for basic domestic applications, but will not replace a qualified signature in business or official legal transactions.

By choosing a qualified e-signature, you gain the confidence that your electronic signature will be respected in any situation - from official matters, through the conclusion of civil law contracts, to contacts with contractors around the world. Thanks to this, you will be able to take full advantage of the opportunities offered by digital identification and electronic signing of documents without fear.

If you do not know which signature will be better for you -. contact us. As podpisano.pl - authorized partner Certum (Asseco Data Systems) - we will advise you, show you the differences and help you choose the best solution.

Do you want to learn more about a specific digital trust requirement or service? We would be happy to help!

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