Contributor: Ketler & Partners, member of Karanovic

Author: Kevin Rihtar

1. Is there specific legislation in Slovenia ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?

In Slovenia, electronic signing and the use of digital platforms are generally governed by Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (“eIDAS Regulation”). The elDAS Regulation does not specifically rule the use of documents such as Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs executed with digital platforms or electronic signatures. General rules of the eIDAS Regulation also apply to the documents mentioned.

Generally, electronic form (including signature) is equivalent to written form, provided that the information in electronic form is accessible and available for future reference. Digital platforms may be used; however, the validity of such signatures may be challenged, so it is recommended to use qualified electronic signatures, which are only electronic signatures that are equivalent to a handwritten signature. Therefore, if a document or agreement must be hand-signed, the only electronic signature that may be used is a qualified electronic signature.

Civil Aviation Agency Slovenia (“Agency”) does not issue electronically signed documents.

2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?

N/A. Please note that the eIDAS Regulation sets out the legal framework for electronic signatures and distinguishes between low, medium, and high levels of assurance. A process requiring a high level of assurance consequently requires a qualified electronic signature, which is also the only equivalent to a handwritten signature.

3. Does the Aviation Authority in Slovenia use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?

No. However, certain information regarding the lease, security agreements and mortgages may be obtained from the Slovenian Aircraft Register (please note that such general inquiries are only available to qualified users, whereas information on aircraft mortgages may be obtained a via request to obtain current data about ownership and mortgages and upon payment of the fee).

4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Slovenia?

Uploading electronic files for registration with the Agency is not possible; however, documents may be submitted to the Agency via e-mail.

5. Do the courts of Slovenia consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?

As mentioned above, no special regulations regarding the use of electronic signatures apply before the Agency.

6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Slovenia?

Yes, it is possible to upload lawsuits, pleadings and procedural documents in civil procedures via “esodstvo” system. In addition, any procedural documents in relation to land register, enforcement and insolvency proceedings shall also be filed electronically.

In practice, many documents are still submitted by post.

7. Do the courts of Slovenia accept procedural documents executed digitally? Is there any specific certification required? Does Slovenia make any distinction between official digital signatures and private digital signatures?

Yes, procedural documents executed digitally are accepted. As mentioned above, electronic signatures equivalent to a handwritten signature are only qualified electronic signatures (i.e., secure electronic signatures that are authenticated by a qualified certificate, regardless of official or private digital signature status).

8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

There are no other formal requirements for the validity of the documents executed by digital signatures. There is also no legal obligation to expressly state in the contract that the contract will be signed with an electronic signature.

9. Can foreign entities not located in Slovenia execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Slovenia? Are there any other formalities required?

Foreign entities not located in Slovenia may execute Lease Agreements or Finance Documents with digital signatures (if written form is required, qualified electronic signatures must be used). Lease Agreements must be concluded in a written form, whereas written form includes electronic form and, therefore, a qualified electronic signature.

10. Does the Aviation Industry in Slovenia usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?

Printed paper aircraft documents are generally used. The Agency does not use blockchain technology.

11. Are there any Notary or Apostille requirements in Slovenia? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?

Notary requirements only apply to a statement given by the aircraft owner for entry of the aircraft in the Slovenian Aircraft Register. Depending on the place of notarization, an apostille may be required (and an official translation into the Slovenian language).

Notarization and apostille requirements also apply to electronically executed documents. In the notarization in electronic form, the Slovenian notary must indicate how the identity of the party was established and how the validity of the qualified electronic signature was verified. The notarization in electronic form must be linked to the original document in electronic form on which the signature is authenticated or to a scan script thereof, so it is impossible to separate them. The notary must electronically sign the notarization in electronic form with a qualified electronic signature, secure it with a qualified electronic seal and accompany it with a qualified electronic time stamp.

a. Has Slovenia implemented the e-Apostille program?

Yes, but only for public documents originally issued in electronic form, containing the electronic source document to be authenticated or a scan-script thereof, so it is impossible to separate them.

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