214 NEWSLETTER 2021 has this meaning, in their own handwriting. For this reason, a secure electronic signature on a surety contract will not be sufficient on its own in terms of the form requirement. In summary, before signing a contract with a simple or secure electronic signature, it is important to review the special requirements of the relevant contract. Otherwise, the form requirements under the law may be breached. Another matter in which the type of the electronic signature is important is the principle of evidence by deed under Code of Civil Procedure No. 6100 (“CCP”). Pursuant to Article 205/2 of the CCP, electronic data that are duly created with a secure electronic signature are deemed to be deeds. For this reason, in a possible dispute, the nature of the electronic signature will play an important role in terms of proof. Definition of Electronic Signature under German Law Requirements for electronic signatures under German law are controlled by European Union regulations and also local legislation. EU Regulation 910/2014 - Electronic Identification, Authentication and Trust Services (“eIDAS”)1 regulates electronic identification and trust services for electronic transactions in the European Single Market. eIDAS entered into force to ease electronic transactions within the European Union. Electronic signatures are regulated under Section 4 of eIDAS. In this regard, eIDAS classifies electronic signatures in three groups: simple electronic signatures, advanced electronic signatures, and qualified electronic signatures. In terms of simple electronic signatures, pursuant to Article 25 of eIDAS, 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 that it does not meet the requirements for qualified electronic signatures. Therefore, it is understood that simple electronic signatures may be accepted in certain conditions; however, they do not have the same effect as advanced or qualified electronic signatures. As for advanced electronic signatures, they must meet certain criteria under Article 26 of eIDAS 1 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R09 10&from=EN (Access date: 19.12.2021).
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