Legal Validity and Risks of Simple Electronic Signatures in Czech Law

In digital business, electronic signing of documents without qualified certificates is common practice. Many companies rely on platforms like DocuSign and their legal validity under Czech law. However, do these signatures carry the same weight as handwritten ones? In this article, our Prague-based law firm explains how simple electronic signatures work, the risks they entail, and when it is essential to invest in higher legal certainty within the Czech legal system.

Quick Summary

• Simple electronic signatures are legally valid, especially for private law transactions between entrepreneurs in the Czech Republic. You do not need to worry that a Czech court would automatically reject your electronically signed document just because it is not qualified.
• A signature that includes an audit trail has significantly higher evidentiary weight than merely stating a name in an email or a simple scan of a signature. In litigation within Czech courts, it primarily depends on whether you can prove who actually signed the document and that they did so with the intent to be bound.
• With simple signatures, you do not have the benefit of the legal presumption of authenticity, and in case of a dispute, you must be prepared to actively prove their origin. For qualified signatures under Czech law, there is a legal presumption that the signature is genuine, which does not apply to simple signatures.
• Our attorneys in Prague at ARROWS law firm handle these issues daily and can advise you on which type of signature is secure for your specific situation.

What exactly does electronic signing without a qualified certificate mean?

Many companies mistakenly believe that an electronic signature without a certificate from a certification authority (such as PostSignum or I.CA in the Czech Republic) is not valid. This is not true. The eIDAS Regulation, which is directly effective in the Czech Republic and the entire European Union, distinguishes three basic levels of electronic signatures.

These are the qualified electronic signature, the advanced electronic signature, and the electronic signature (often referred to as a simple signature). The last category is precisely the type we discuss in connection with common commercial platforms without the use of hardware tokens.

A simple electronic signature is defined by eIDAS as data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign. In practice, this means a wide spectrum of methods, from a scanned image of a signature in a PDF to a dynamic biometric signature on a tablet.

The key is the expression of will. If you log into an application, open a document, and confirm consent (e.g., by clicking a "Sign" button), you are clearly expressing your will to be bound by the content of the document.

Czech courts have repeatedly confirmed that even a so-called simple electronic signature meets the requirement of written form for legal acts under Section 561 of the Czech Civil Code. Therefore, it is not true that such contracts would be inherently invalid.

How does the evidentiary value differ between signatures with and without a certificate?

Here we come to a crucial point. It is not a question of validity or invalidity, but a question of evidentiary strength in the event of a dispute.

Qualified electronic signatures have, according to the eIDAS Regulation, a legal effect equivalent to a handwritten signature. This means that if a document bears a qualified signature, a Czech court proceeds from the assumption that it is genuine until proven otherwise.

Simple electronic signatures (without a qualified certificate) do not have this automatic presumption. If the opposing party denies signing the document in a lawsuit, the burden of proof shifts to you. You must prove to the court that the signature actually belongs to that person.

The evidentiary value increases significantly if you perform the signature through a trusted platform that generates a detailed audit trail. When you sign a contract through an application that verifies email and phone and records the time and IP address, you hold a strong means of evidence.

Our Prague-based attorneys at ARROWS law firm know that in practice, the quality of this metadata is decisive. These are not just technical details, but key evidence that judges evaluate.

Related questions on evidentiary value

1. Does this mean that without a qualified certificate, I have no legal protection?
No. Without a qualified certificate, your procedural position is merely more complex if the opposing party denies the signature. A court must accept even a simple signature as evidence. If you have an audit trail and other supporting evidence, you have a high chance of success.

2. Why should I care if a signature is qualified if it is equally legally valid?
Because in litigation, it is about minimizing risks and costs. With a qualified signature, authenticity is practically indisputable. Without it, you must prove authenticity, which can mean longer proceedings and costs for expert opinions in the field of IT.

3. What type of signature is secure for standard contracts with business partners?
Signing through an established platform (such as DigiSign, DocuSign, or Adobe Sign) with an audit trail and two-factor authentication (email + SMS) is sufficiently secure for most standard business relationships. For transactions in the millions of Czech korunas or real estate transfers, we recommend higher forms of verification.

What practical risks do electronic signatures without eIDAS certificates bring?

Simple electronic signatures carry certain risks that need to be managed. In practice, we encounter three main scenarios.

The first risk is the difficult identification of the signatory, as a simple signature often does not meet the conditions for a unique link to the person. If the opposing party claims their email access was stolen, it can be difficult to prove otherwise without strong verification.

The second risk is the absence or low quality of the audit trail. If you sign a document in a way that does not record metadata (when, where, from which IP address), the evidentiary value is negligible. A simple scan of a signature without metadata is almost worthless from a forensic perspective.

The third risk is the inability to verify the integrity of the document, which can complicate proving the original content in simple signatures. With qualified and advanced signatures, the document is locked, and any change after signing is immediately detectable.

What exactly do you need to prove in case of a dispute?

If the other party denies signing the electronic document, you must present several specific pieces of evidence to the court.

First, you must prove the identity of the signatory and the link between the electronic signature and the specific person. Here, a record of sending a code to a specific phone number or access to an email inbox helps.

Secondly, it is about the integrity of the document. You must prove that the document you are presenting to the court is identical to the one that was signed. High-quality signing platforms provide the document with an electronic seal after signing, which ensures integrity.

Thirdly, you must demonstrate the manifestation of will—meaning the person acted consciously and it was not a mistake. An audit trail, which records steps such as viewing the document and clicking to sign, serves as evidence of conscious action under Czech law.

What does ARROWS law firm in Prague do in such a situation? We help clients set up contractual processes and revise business terms and conditions so that the parties agree in advance on the method of electronic signing.

When is a simple electronic signature sufficient and when must you use a qualified one?

This is the question our clients ask most frequently. The answer depends on the type of document and the relevant Czech legislation.

Simple electronic signatures (without a qualified certificate) are usually sufficient for standard commercial contracts between private entities. Furthermore, they are suitable for internal policies and lower-value contracts where the risk of dispute is acceptable.

A qualified electronic signature, on the other hand, is essential for dealings with Czech public authorities and submissions to government offices (Section 6 of the Czech Trust Services Act). In practice, a qualified certificate is also required for electronic applications for entry into the Czech Land Registry. The purchase agreement itself, as an attachment, follows specific rules, and the Land Registry generally does not accept a simple signature without further verification.

Be very careful with employment law documents. The Czech Labour Code (Section 334a et seq.) imposes very strict requirements on the electronic delivery and signing of employment contracts or termination notices. In these cases, a simple signature is often insufficient or procedurally very risky under Czech law.

Related questions on choosing signatures

1. Can I sign a contract with a new business partner via DocuSign without a certificate?
Yes, you can. For standard business dealings, this is common practice today. However, we recommend using multi-factor authentication (sending an SMS code to the partner's phone).

2. Is it worth investing in a qualified certificate?
If you sign documents daily or deal with Czech state authorities, definitely yes. A qualified certificate (e.g., on a USB token or in the cloud) provides the highest level of legal certainty. For occasional commercial contracts, a high-quality platform for simple signatures is often sufficient.

3. Which signing applications should I use?
Choose services that comply with eIDAS and provide a strong audit trail (e.g., DigiSign, DocuSign, Adobe Sign, Signi). Avoid "drawing" a signature in graphic editors.

How does the eIDAS environment differ in international transactions?

The eIDAS Regulation applies throughout the European Union. A qualified signature issued in the Czech Republic is automatically recognized in all EU member states, which is a huge advantage of the single market. Simple electronic signatures are also recognized across the EU, but in the event of a dispute, the procedural rules of the specific country apply.

If you are doing business outside the EU, for example with the USA or the UK, the situation is different. Although the principles are similar, technical standards may vary, and we often recommend specific contractual clauses regarding governing law.

Experts from ARROWS law firm in Prague routinely handle cross-border contracting and ensure that the signature is valid even in your partner's jurisdiction.

Practical steps to better protect your electronic signatures

If you use simple electronic signatures, follow these rules to increase security:

• Step 1: Choose a reputable platform. Use solutions that generate a completion certificate (audit trail) and seal the document against changes.
• Step 2: Require two-factor authentication (2FA). Set up the process so the counterparty must enter a code from an SMS, linking the signature not only to an email but also to a phone number.
• Step 3: Archive the audit trail. It is not enough to save just the signed PDF; always download and securely store the separate audit trail file.
• Step 4: Keep contextual communication. Emails preceding the signature are valuable indirect evidence of the parties' intent.
• Step 5: Consult a lawyer for key contracts. For high-value transactions, do not rely on automated solutions without a legal review by our Czech legal team.

Related questions on archiving

1. How long should data be kept?
We recommend keeping documents and audit trails at least for the duration of the limitation period (standardly 3 years under Czech law, but in commercial dealings, preferably 10-15 years considering potential tax proceedings and objective limitation periods).

2. Is cloud storage sufficient?
Yes, but remember to back up. If you stop paying for a license with a signature provider, you may lose access to audit trails on their servers. Always download the data to your own storage.

Conclusion

Electronic signing of contracts without a qualified certificate is legal, common, and, thanks to Czech case law, increasingly secure in the Czech Republic. The Czech legal system does not force you to use qualified certificates for every purchase order.

The law governing electronic signatures intersects with procedural law, GDPR regulations, and sector-specific regulations, making it a complex discipline. If you underestimate the setup of processes or the archiving of evidence, you expose yourself to unnecessary risk.

Experts from ARROWS law firm in Prague handle these issues daily and know which procedures will hold up in court. Our law firm is insured for professional liability for up to 400 million CZK.

Our Czech legal team at ARROWS can help you set up a secure process to protect your business. Simply write to office@arws.cz.

FAQ – Frequently asked legal questions regarding evidentiary value

1. Is an electronic signature without a qualified certificate legally valid?
Yes. According to the eIDAS Regulation and Section 561 of the Czech Civil Code, electronic signatures must not be denied legal effect solely because of their electronic form or because they are not qualified.

2. What is the difference between a simple and a qualified signature?
The main difference lies in the burden of proof. A qualified signature (based on a qualified certificate) carries a legal presumption of authenticity under Czech law. In the case of a simple signature, the party invoking the signature (you) must prove its authenticity in the event of a dispute.

3. Is a scanned handwritten signature in a PDF sufficient?
Technically, it may constitute a signature, but from an evidentiary standpoint, it is the weakest variant, as it can be easily forged and is difficult to defend (it lacks a link to identity and time). We do not recommend it for important documents in the Czech Republic.

4. What is an audit trail?
An audit trail is a secure record of a document's lifecycle – who, when, from where, and how the document was opened and signed. It is a key piece of evidence for Czech courts.

5. How can I secure evidence for potential litigation?
Use verified platforms (with 2FA), download and archive documents including audit trails, and preserve related email communication. To set up your processes, contact office@arws.cz.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue. Although we ensure maximum accuracy of the content, legal regulations and their interpretation evolve over time. To verify the current wording of regulations and their application to your specific situation, it is essential to contact ARROWS law firm in Prague directly (office@arws.cz). We bear no responsibility for any damages or complications arising from the independent use of information from this article without our prior individual legal consultation and professional assessment. Every case requires a tailored solution; therefore, do not hesitate to contact us.