For all our clients, who are not able to be physically presented and sign the document, which requires a specific form and/or when the identity of the person should be identified, the qualified electronic signature is the best and effective alternative.
By virtue of the Regulation (EU) No 910/2014 incorporated into Cyprus national legal system through Law 55(I)/2018, a qualified electronic signature shall have the equivalent legal effect of a handwritten signature and shall be recognised as a qualified electronic signature in all other EU Member States.
The Department of Electronic Communications of the Ministry of Communications and Works of Cyprus has been designated as the competent authority for the implementation and coordination of the legal framework for electronic signatures in Cyprus including the monitoring and control of the application and enforcement of the rules in Cyprus.
The Regulation provides the following three categories of electronic signatures:
a. The electronic signature which should be interpreted as a data in electronic form which is attached to or logically associated with other data in electronic form, and it is utilized by the signatory to execute his signature on the document.
b. The advanced electronic signature having the features, such as if it is uniquely linked to the signatory and is identifying the signatory, iii) is created using electronic signature creation data that the signatory can use, with high level of confidence, under their sole control. Lastly, it should be linked to the data signed in such way that any potential change in the data is recognizable.
c. The qualified electronic signature which should be created by a qualified electronic signature creation device, and which is accredited with a qualified certificate for electronic signatures.
Pursuant to Article 25 of the Regulation, the electronic signature should not be denied from the legal recognition and admissibility merely because it is electronic, however, in Cyprus legal system wills and documents to be registered at the Land Department should be signed only with a physical signature.
Nonetheless, by virtue of Article 9 of the Law 2018, the electronic signature which does not meet the above mentioned requirements it still could be admissible in the courts but on the discretion of the courts and based on the circumstances of the case.
We are happy to assist you with any further inquiries regarding electronic signatures and its application in Cyprus or EU.
