Qualified Electronic Signature in Employer-Employee Communications

Autor

Paulina Zawadzka – Filipczyk

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In the age of digitisation, employers are looking for ways to manage employment processes without using paper. One of the solutions to limit or even eliminate paper in HR processes is to use a qualified electronic signature (QES). A document signed using QES has the same legal validity as one signed with a traditional handwritten signature.

Benefits of Using QES

  • Equal Status to a Handwritten Signature – all employment-related documents that must be in a written form, under applicable regulations, can be signed electronically.
  • Security – QES ensures the integrity of the document, allowing verification that it has not been altered after signing.
  • Verification of Identity and Date of Signature – using QES allows clear identification of who signed the document and when (including the exact date and time), which can be especially important in situations where the order of events matters (e.g. when dismissing a board member who not only receives a notice of termination, but is also removed from their position).
  • Possibility of Duplication – electronically signed documents can be duplicated without losing their legal validity. Each copy is considered an original.

Practical Aspects of Using QES

The most commonly used format for electronically signed documents is PDF. This format ensures the easy verification of the signature’s validity. The placement of the electronic signature within the document has no legal significance. QES is part of the file itself, so it can be placed at the beginning, middle or end of the document.

For electronically signed documents, there is no need to specify the number of copies, which is typical for documents signed in the traditional way. However, it can be indicated that the document is signed with QES.

Verification and Security of Signatures

QES are issued for a validity period (typically three years). After this period, issues may arise regarding the verification of the signature’s authenticity. Therefore, it is recommended to use a timestamp to mark the document. It is not advisable to password-protect a PDF document signed with QES, as this may interfere with the structure of the signature. However, the signature will not lose its properties if the file is compressed before being password-protected.