Within the EU, Regulation 910/2014/EU (hereinafter the “Regulation”) established a legal framework on electronic identification and trust services for electronic transactions in the internal market, which it was adopted by the Republic of Cyprus with the Law 55(I)/2018 on June 2018 (hereinafter the “Law”).
According to the Law, the competent authority for the implementation of the framework for electronic signatures in Cyprus is the Department of Electronic Communications of the Ministry of Transport, Communications and Works, which has, inter alia, the power to grant authorization to trust service providers which will provide trust services under the Law, such as qualified signatures and seals.
It is evidence in Article 3 of the Regulation that there are three types of electronic signature:
1) “electronic signature” means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign;
2) “advance electronic signature” means an electronic signature that meets the following requirements, as set out in Article 26 of the Regulation:
- it is uniquely linked to the signatory;
- it is capable of identifying the signatory;
- it is created using electronic signature creation data that the signatory can, with a high level of confidence use under his sole control; and
- it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.
3) “qualified electronic signature” means an advance electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures.
It should be noted that in accordance with Article 25 of the Regulation as well as section 9 of the Law a “Qualified Electronic Signature” shall have the equivalent legal effect of a handwritten signature. Article 25 provides that an “electronic signature” shall not be denied legal effect and shall be considered as evidence in legal proceedings according to the scenario of each case. Section 9 of the Law provides that the electronic signature shall be accepted as evidence in any criminal or civil proceeding before the Courts of Cyprus. Since up today, there is no guidance or judicial decision in Cyprus on how the Courts shall treat the electronic signatures, but with the under-today’s circumstances, it will be provided very soon.
Furthermore, a qualified electronic signature based on a qualified certificate issued in one-member state shall be recognized as a qualified electronic signature in all other member states.
Considering all the above, electronic signatures save us valuable time, reduce the costs, and make our life simple. It is an effective tool in the fast paced of growing technology.
