Digital signature: legally secure and without scanner

Frequently asked questions and answers about the digital signature

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When is a digital signature valid?

‍InGermany, the digital signature applies in principle in the same way as a handwritten signature and can be used for almost all documents. Depending on the document, however, there are different requirements for the type of digital signature.

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What forms of digital Signatures are available?

There are three types of digital Signatures: the simple electronic signature, the advanced electronic signature and the qualified electronic signature. 

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Is the digital signature legally valid?

Almost all documents in Germany can be legally signed with a digital signature. However, entrepreneurs must pay close attention to whether special requirements are placed on the digital signature depending on the document. 

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The digital signature signs an electronic document, for example a text, image or sound content. The so-called eIDAS (electronic IDentification, Authentication and trust Services) Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014 defines what exactly an electronic signature is: 

• It is available in electronic form
• It is provided by a natural person 
• It is included in or linked to the signed content
• The signer has knowingly used the ^signature1

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In principle, electronic Signatures are just as legally valid as handwritten Signatures due to the progress of digitization. Almost all documents can be signed digitally. 

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Only in a few exceptional cases is this not possible, for example in the case of:

• Terminations (§ 623 BGB)
• Record of the essential working conditions (§2 NachwG)
• Certificates of employment (§ 630 BGB, §109 GewO)
• Guarantee declaration (§ 766 BGB)

Documents that may be signed electronically may have certain signature requirements. This is referred to as the e-signature standards. 

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In the case of a handwritten signature, the writing guarantees the authenticity of the signature. With a digital signature, however, this becomes more difficult. Depending on the type of document, the law therefore prescribes different standards to ensure the security of the signature. 

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The simple electronic signature

There are no precise requirements for the simple electronic signature. It is only important that it can be traced back to the signatory. Possible, therefore:

• Scan the signature
• Sign on the tablet
• Use email signature
• Type the full name

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The simple electronic signature is always legally valid if the document to be signed is form-free. This means that there are no legal requirements regarding the form of the document. 

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The advanced electronic signature

The advanced signature is applied via a suitable software or app created. Each signature is assigned an electronic certificate that ensures that the signatory can be identified and that the document can no longer be changed^.2

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The advanced signature must therefore meet several requirements:

• It must be clearly attributable to the signatory and enable the signatory to be identified. 
• It is created using electronic signature creation data
• The signature is linked to the signed data in this way

The advanced signature is also always valid if freedom from formal requirements applies to the document. 

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The qualified electronic signature

The qualified electronic signature is the most secure form of digital signature. It, too, runs via special software and has all the properties of the advanced electronic signature.

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Also:

• It is generated very securely with a so-called signature creation unit
• The process is not started until the signatory has confirmed his or her identity, for example by meeting in person or making a video ^call3

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In particular, if documents must be in written form, only the qualified electronic signature is permitted. 

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Legal validity and evidential value

In addition to legal validity, evidential value is also crucial. Because when a document serves as evidence in court, the probative value can vary depending on the type of signature. As a general rule, all electronic Signatures can serve as evidence. 

• The simple signature has only a low probative value
• The advanced signature has a high evidential value
• The qualified electronic signature has maximum probative value

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Valid with any electronic signature are, for example:

• Jobs
• Privacy statements
• open-ended employment contracts
• Purchase contracts
• Acceptance forms

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Only valid with qualified electronic signature:

• fixed-term contracts
• Employee leasing contracts
• Post-contractual non-competition ^clause4

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If only a simple electronic signature is required, you can create it in several ways. 

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Freehand input in Office

Almost every office software offers the possibility of freehand input. The easiest way to do this is in OneNote. To do this, use the "Draw" function and sign with your mouse. With the "lasso selection" you then mark your signature and can then transfer it to your document via copy and paste.

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Digital signature in Word

Open the "Insert" tab and then click on "Signature line". Now Customise your signature and then press "OK". Then save the document preferably as a .docx file to add the signature. Then double-click on the signature field to either enter the name or upload a signature. 

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Scan signature

Write your signature on a white paper and transfer it to your computer via photo or scanner. From there, you can insert your signature into the respective document^.5

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PDF documents can also be digitally signed. Depending on the operating system, you have different options:

Simple, secure, digital: sign electronically with the Meisterwerk app

Secure, digital Signatures, all important forms just a click away: that's what the Meisterwerk app can do. No matter whether your employees use smartphones, tablets, Android or Apple: Digital Forms can be opened and managed on all devices. With the Meisterwerk app, you always have your own information center in your pocket.  

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The information in this article does not constitute legal advice. Despite careful research, we cannot guarantee completeness, accuracy and timeliness, especially for legal information. If you need legal help, please contact a lawyer.

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