Compliance with the law
Compliance with the advanced signature as defined by Act XXXV of 2001 requires the following:
- capable of identifying the signatory: Similar to the process of supplying a paper-based signature, the system requires that before the signature, the signatory be identified by personal documents. Furthermore, the signatory can be automatically examined based on his or her biometric data.
- It is uniquely linked to the signatory: Besides the administrative measures, based on the handwritten signature as unique biometric information, the document and the stored evidence record can guarantee that the document can be uniquely linked to the signatory.
- it is created with tools under the sole control of the signatory: The logical measures of the systems guarantee that in the signing process the information resulting from the signature is solely based on the biometric data of the producer of the signature.
- it is also linked to the content of the document, as each modification of the document after the signature is indicated: the document is protected by an advanced electronic signature and a time stamp, which ensures that any subsequent change in the data or any intervention is detectable.
It is also important to consider the EU Regulation on electronic identification and trust services for electronic transactions (EIDAS).
Article 25 (Legal effects of electronic signatures), Article 35 (Legal effects of electronic seals) and Article 46 (Legal effects of electronic documents) of the EIDAS declare the principle that an electronic document shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form or that it does not meet the requirements for qualified electronic signatures.
The MobilSign system creates a document supplied with an advanced electronic seal and signature, which fulfils the requirements of EIDAS on legal effect, and can be used as evidence in a judicial procedure.
The MobilSign system:
- fulfils the requirements of CEN/TS 419 241 (Security Requirements for Trustworthy Systems Supporting Server Signing)
- fulfils the requirements CWA14170:2004
- fulfils the relevant regulations of Act XXXV of 2001,
- fulfils the requirements of point g of Section 196 (1) of the Code on Civil Procedure, valid from 1 July, 2016 (private document with a probative force),
- fulfils the requirements of Decree 114/20007 (XII. 29.) of the Ministry of Economy and Transport (GKM)
- fulfils Section 197 (6) on the Hungarian Code of Civil Procedure (effective from 1 January, 2017)
- complies with Decree 13/2005 (X. 27.) of the Ministry of Information Technology and Telecommunication (IHM) on the rules of creating electronic copies of paper-based documents.