Quick Overview
An electronic signature is a broad term that encompasses several different methods of signing. Simply writing your name in an email can constitute a basic electronic signature and may have legal effect, but its origin is more difficult to prove. When dealing with government agencies, a qualified electronic signature is generally required. The strongest form is the qualified electronic signature, which the eIDAS Regulation grants the same legal effect as a handwritten signature.
| Type of Signature | Typical example | Evidential Value and Use |
| Simple electronic signature | A name at the end of an email, a checkbox indicating consent, or an embedded image of a signature | May have legal effect, but in the event of a dispute, it may be more difficult to prove who signed the document. |
| Advanced electronic signature | A signature created using a certificate and cryptographic tools | It is linked to the signer and makes it possible to detect any changes to the document. |
| Recognized electronic signature | A qualified electronic signature based on a qualified certificate | Czech law requires it for certain electronic transactions with public authorities. |
| Qualified electronic signature | A signature created using a qualified means based on a qualified certificate | It automatically has the same legal effect as a handwritten signature throughout the EU. |
Not sure whether you need a simple, recognized, or qualified signature for a contract, filing, or specific business process? We’ll review the specific document and how it’s signed.
What Is an Electronic Signature and How Does It Work?
An electronic signature is a digital means of confirming the signer’s identity and the integrity of the document. However, only a qualified electronic signature has the full legal weight of a handwritten signature. It serves to verify the identity of the person signing the document electronically and to ensure that the document has not been altered after signing. It is legally regulated by the eIDAS Regulation and the Czech Act on Trust Services for Electronic Transactions.
From a technical standpoint, an electronic signature is based on cryptography, i.e., the mathematical encryption of data. Each signature is unique and linked to both the signatory and the document’s content. This ensures that a signed file (e.g., a PDF) cannot be modified after signing without invalidating the signature.
The difference between a digital signature and an electronic signature is that a digital signature refers to the technical process (cryptography), while an electronic signature is a legal term—that is, the result that has legal effects.
What Types of Electronic Signatures Exist
The eIDAS Regulation distinguishes between:
- electronic signature,
- advanced electronic signature
- and qualified electronic signature.
Czech law also uses the term “recognized electronic signature.” This is not a fourth technological level, but rather a collective term for signatures that, under the conditions of Czech law, may be used in electronic transactions with public authorities.
A simple electronic signature can be, for example, a name at the end of an email, a click on a confirmation button, or an embedded image of a signature. Even such a signature can be legally effective. In the event of a dispute, however, it is necessary—depending on the circumstances—to prove who created it and exactly what they agreed to.
A guaranteed electronic signature must be unambiguously linked to the signatory, enable the signatory’s identification, be created under the signatory’s control, and allow for the detection of subsequent changes to the signed data.
A qualified electronic signature meets the conditions of a guaranteed signature, is based on a qualified certificate, and must be created using a qualified means. It is this type of signature that automatically has the same legal effect as a handwritten signature.
Under Czech law, a recognized electronic signature refers to a guaranteed electronic signature based on a qualified certificate or a qualified electronic signature. It is used primarily in transactions with public authorities when the method of communication requires a signature.
From our experience as attorneys, we know that problems rarely arise because an electronically concluded contract is automatically invalid. More often, the parties dispute who actually signed the document, which version was agreed upon, and whether the signatory had the authority to act on behalf of the company. That is why it is important to retain not only the signed file but also related correspondence, audit logs, and delivery confirmations.
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When Is a Qualified Electronic Signature Required
In public procurement, you will often encounter situations where the electronic platform requires you to affix a recognized signature based on a qualified certificate to your bid or certain actions in the procurement process, typically in the E-ZAK or Tender Arena environments. At the same time, public procurement law itself does not automatically require that a bid always be signed with an electronic signature— the requirement may therefore stem from the tender documentation, the contracting authority’s internal rules, or the settings of a specific system. In practice, therefore, always verify exactly what the portal and the contracting authority require, ideally right at the beginning.
For some professions, this is no longer just a “recommendation.” For example, in the case of court interpreters and translators, it is expected that electronic documents will be accompanied by a qualified electronic signature and often also a qualified time stamp—to make it clear who issued the document, when, and that it has not been tampered with since. In practice, qualified signatures are also commonly required for professions and activities involving authorized acts and documents, typically for expert witnesses, licensed engineers and technicians, architects, licensed surveyors, or for the authorized conversion of documents. Specific requirements may vary depending on exactly what you are signing and what system is receiving the document.
This is precisely what companies often struggle with in practice, because it’s not enough to “just sign something”—you have to sign it correctly. “When you’re signing something that needs to stand up to scrutiny by a government agency, a court, or a strictly regulated public procurement system, it pays to play it safe— a qualified signature is, in practice, the most versatile and least controversial option,” says Lukáš Vaněček, founder and owner of Elektronickýpodpis.cz, a service specializing in the setup and use of electronic signatures.
Are you signing a bid for a public contract, a document for court, or another formal submission? Before sending it, verify the requirements of the specific proceeding. An incorrect type of signature can lead to a request for additional information, and in some situations, even to more serious procedural consequences. Have a lawyer review your document in advance.
How to Obtain and Set Up an Electronic Signature, Step by Step
First, choose a provider from whom you’ll obtain your electronic signature. In the Czech Republic, these are qualified providers such as PostSignum (Czech Post), První certifikační autorita (I.CA), or eIdentity. On their website, select the type of certificate (for individuals or businesses) and its validity period, fill out the application, and arrange for identity verification. Those who sign documents for work, contractual, or official purposes usually choose a qualified electronic signature, as it has the same legal effect as a handwritten signature.
This is followed by identity verification, without which the provider will not issue you a certificate. You can do this in person at a service location, typically at a Czech POINT branch or at a provider’s authorized partner, where you’ll present your ID card and receive confirmation that your identity has been verified. If you want to handle everything entirely online, many providers offer remote verification via BankID: after being redirected to your bank’s platform, you confirm your identity in the same way you do when logging into online banking. For the purposes of issuing the certificate, this is equivalent to a in-person visit.
If you’d rather avoid visiting service centers and dealing with the paperwork involved in the application and setup, there’s an even more practical option: have the signature setup done right at your company’s office. For example, the Elektronickýpodpis.cz service offers to set up a qualified electronic signature right in your office, and according to their representatives, the visit itself takes no more than one hour. The CEO of Elektronickýpodpis.cz, Lukáš Vaněček, adds: “The goal is to spare the client from having to study procedures and run around to different branches—we’ll come to you, verify your identity, issue the certificate, and set everything up so you can start signing right away.”
Once your identity is verified, the provider will generate and make the certificate available to you. Following the instructions, you’ll save it either to your computer’s storage or to a secure hardware device, typically a USB token or smart card. The installer will guide you through the setup process; you may also be prompted to create a PIN or password to protect your signature. It’s also recommended to export and securely back up the certificate along with the private key (if the certificate type and rules allow it) to avoid complications when switching computers. After installation, it’s a good idea to test with a sample file to verify that the system “recognizes” the certificate and is ready for use.
The actual signing of documents then takes place in standard applications. Most often, you’ll open a PDF in Adobe Acrobat Reader and select the “Certify” or “Sign” function, then choose your certificate, enter your PIN, and save the signed file. Specialized tools are also available, such as ePodpis FS or 602XML Filler, which can handle bulk signing, timestamps, and working with forms. After signing, the software will display the status “Signature is valid,” including information about the certificate issuer and the time of signing; this makes it easy to prove that the document has not been altered since it was signed.
The setup time depends on the provider, the method of identity verification, and whether you already have the required token, smart card, or other supported device. The setup itself can be quick, but you should expect a longer process if you need in-person verification or encounter installation issues. Therefore, before placing an order, check the current procedure and technical requirements of your chosen provider.
Free Electronic Signatures: When They’re Enough—and When They’re Not
In some cases, you can use an electronic signature for free. A simple electronic signature can be, for example, a name included at the end of an email, consent confirmed in an electronic system, or an image of a handwritten signature inserted into a document.
Even a simple electronic signature cannot be denied legal effect simply because it is not a qualified electronic signature. However, this does not mean that it automatically equates to a handwritten signature or that it will be suitable for every document. In the event of a dispute, all circumstances are evaluated, particularly the manner in which the document was executed, the identification of the signatory, and the available electronic records.
A simple electronic signature may suffice, for example, for certain routine contracts or internal documents. However, it is not sufficient where a legal regulation, government agency, court, or specific electronic system requires a recognized or qualified electronic signature.
A qualified electronic signature may not always be necessary for a standard contract. However, it is important that the chosen method of signing corresponds to the required form of the contract and that you can later prove who signed it. We can advise you on how to securely conclude a contract remotely.
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The Most Common Myths About Electronic Signatures
One of the most common misconceptions is the belief that an electronic signature is the same thing as a scanned signature. However, this is not the case. A scanned signature, inserted into a document as an image, has no legal weight on its own unless it is accompanied by an electronic certificate that verifies the identity of the signatory.
Real-world example: A company received a contract in which the other party had simply inserted an image of the CEO’s signature. When a dispute arose later, the other party claimed that it had not signed the document and that anyone could have inserted the image into the contract. The scanned signature alone was therefore not conclusive evidence. The court also considered email correspondence, prior negotiations between the parties, and who had sent the document.
Another common misconception is that all electronic signatures are equally valid. In reality, only a qualified electronic signature has the full legal effect of a handwritten signature, while simple or guaranteed signatures are assessed based on the circumstances of the specific case and carry less evidentiary weight.
Another common source of confusion is the conflation of a verified signature and a qualified signature. A verified signature refers to the official verification of a handwritten signature, typically by a notary or at a Czech POINT office. A qualified electronic signature is not a direct digital equivalent of a handwritten signature, but a separate legal instrument recognized throughout the EU.
Finally, there is a misconception that an electronic signature cannot be verified. The opposite is true—its validity can be easily verified, for example, in Adobe Acrobat Reader, which displays whether the signature is trustworthy, who issued it, and whether the document has been tampered with after signing.
Summary
An electronic signature is a broad term encompassing simple, advanced, and qualified signatures. Furthermore, Czech law uses the term “recognized electronic signature,” which can refer to an advanced signature based on a qualified certificate or a qualified signature. Even a simple signature cannot automatically be denied legal effect; however, in the event of a dispute, it may be more difficult to prove the signer’s identity and the integrity of the document. According to the eIDAS Regulation, a qualified electronic signature has the same legal effect as a handwritten signature and is recognized throughout the EU. Before signing a document, always verify which form is required by the relevant legal regulation, government agency, court, or electronic system. Obtain a certificate from a qualified provider, and after signing, verify its validity and ensure that the document has not been altered.
Frequently Asked Questions
Is a contract signed with a scanned signature valid?
That may be the case. A signature image can serve as a simple electronic signature. However, in the event of a dispute, it may be difficult to prove who added it to the document and what content they agreed to.
Do I need a qualified electronic signature for every contract?
No. For many standard contracts, a simpler form of signature may suffice. It depends on the legal form of the contract, the agreement between the parties, and the need for future evidence.
Is a recognized electronic signature the same as a qualified signature?
Not always. A recognized signature can be a qualified electronic signature, but it can also be a guaranteed electronic signature based on a qualified certificate.
Can I use a data box instead of an electronic signature?
In many situations, yes. A document sent by an authorized person via a data box may satisfy the filing requirements even without an attached electronic signature. However, this depends on the type of document and the specific proceeding.
What happens when a certificate expires?
The expiration of a certificate does not automatically mean that a previously created signature was invalid. However, for long-term verification, it is important to properly verify the signature, the timestamp, and to preserve the validation data.
