Digital Aviation Document QAs

Except for documents required under the notarial form, all other documents may be signed by a qualified electronic signature with a legal effect equal to that of a handwritten signature (please refer to our answer under question 2).

In general, the use of digital certification documents will be valid and enforceable. However, certain exceptions may apply.

No, there is no such documentation.

Generally, when there are no regulations prescribing other legal requirements pertaining to the execution of documents (e.g., a requirement of handwritten signature certified by a notary public, a form of notarial deed, etc.), all documents may be signed by a qualified electronic signature, with legal effect equal to that of a handwritten signature (in accordance with the BH E-Signature Law). However, as noted in response to Q1, the use of e-signature is not developed in practice, and authorities in BH are generally reluctant to accept electronically signed documents.

In order to be admissible in Brazilian courts, Aircraft Lease Documents must be previously registered with the Aviation Authority with the Brazilian Aeronautical Registry, which is a specific register for aviation documents.

No. Aeronautical acts and contracts require, in accordance with the law, to comply with the respective solemnity depending on the act of contract, alongside the registration in the DGAC ́s registry, to be valid and enforceable.

Yes, there may be aviation-related documents that are not required for registration with the Aviation Authority in Colombia but can be valid and enforceable by the use of some type of digital certification. For example, contracts related to aircraft leasing or sales, insurance policies, and other legal documents can be signed electronically and validated through digital certification. Similarly, documents related to aircraft maintenance and safety, such as maintenance records and safety inspections, can also be signed electronically and validated through digital certification. However, it is important to note that the acceptance of electronically signed documents by the Aviation Authority may depend on their specific policies and regulations

As per consultation, this submitted question was reformulated as follows:

“Do the courts of Costa Rica 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?”

There is no case law that refers specifically to the Aviation Authority. It will depend on the nature of the document if it requires a formality for its validity, comes from another country, has a certified digital signature, or if there are conventions between institutions, among others.

When there are no regulations prescribing other legal requirements pertaining to the execution of documents (e.g., a requirement of handwritten signature certified by a notary public, a form of notarial deed, etc.), all documents may be signed by a qualified electronic signature, with legal effect equal to that of a handwritten signature (in accordance with the eIDAS Regulation).

There is no difference between the types of documents. All rules described above apply to any type of document.

Documents with digital signatures or certifications are admissible (valid and enforceable); they are considered to have the same probative value as traditional documents. Our domestic legislation recognises this probative value in Article 9 of Law No. 126-02 on Electronic Commerce, Documents and Digital Signatures, transcribed verbatim as follows:

“Article 9.- Admissibility and probative force of digital documents and data messages. Digital documents and data messages shall be admissible as means of evidence and shall have the same probative force granted to acts under private signature in the Civil Code and the Code of Civil Procedure.

Paragraph. In administrative or judicial proceedings, no information in the form of a digital document or data message shall be denied effectiveness, validity or binding and probative force solely on the grounds that it is a digital document or data message or on the grounds that it has not been submitted in its original form” (Emphasis added).

In general, however, this validity is subject to certain registration and certification processes.

Yes, any document holding an electronic signature is valid and enforceable. Any document to be sent, filed, or registered with the Aviation Authority, requires an electronic signature issued by a duly licensed issuer in Ecuador.

As per consultation, the submitted question was reformulated as follows:

“Do the courts of El Salvador 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?”

There is no case law that refers specifically to the Aviation Authority. The enforceability of such documents will depend on the nature of the document, if it requires a formality for its validity if the document is issued in a foreign country, has a certified digital signature, if the company that provided the certificate is foreign, among others.

No.

Any document executed through an electronic means in relation to an aircraft will be valid and enforceable if it complies with France’s laws on electronic signature, whether or not it is required to be registered with the Aviation Authority. It should be noted, however, that registration of a lease with the Aviation Authority is advised as it shifts the burden of liability in the event of an incident involving the aircraft (the operator becomes solely liable instead of being jointly liable with the owner). In the case of a mortgage, such mortgage should also be registered as it conditions its effectiveness against third parties.

Based on the eIDAS Regulation of 23 July 2014 on the harmonised electronic use and identification of e-signatures, digital signatures are generally recognised among the member states of EU. According to that Regulation, simple electronic signatures (SES) and advanced electronic signatures (AES) may not be denied legal effect and admissibility as evidence in legal proceedings solely because they are available only in electronic form.

Qualified electronic signatures (QES) have the same legal effect as handwritten signatures. If they are recognized in one EU Member State, they are also recognised as QES in all other Member States (Art. 25 eIDAS). However, in some instances, the local laws are more demanding.

If, in Germany, the law requires notarization of a document/ agreement, an electronic signature would not suffice (section 128 “Bürgerliches Gesetzbuch” or abbreviated “BGB”).

As soon as the law legally regulates the written form, a handwritten signature is required (section 126 BGB). However, this can be replaced by the parties with a QES (section 126a BGB). In doing so, each party to the contract must provide an identical document with its QES. An AES or SES, on the other hand, does not satisfy the written form requirement (see also answer to question 8).

As per consultation, this question was reformulated as follows:

“Do the courts of Honduras 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?”

There is no case law that refers specifically to the Aviation Authority. It will depend on the nature of the document, if it requires a formality for its validity, comes from another country, has a certified digital signature, or if there are conventions between institutions, among others.

While all aviation-related documents (except for power of attorneys) can be digitally certified/executed, they must necessarily be filed/registered with the DGCA if DGCA has to take them on record.

In Italy, while certain documents may not be required for registration with the Aviation Authority, they can still be valid and enforceable through the use of digital certification, such as digital signatures. The use of digital certification can provide additional evidentiary value and ensure the integrity and authenticity of the documents.

For example, in the aviation industry, various agreements, contracts, and legal instruments may not necessarily need to be registered with the Aviation Authority. However, utilizing digital certification, such as qualified electronic signatures (QES) or advanced electronic signatures (AdES), can enhance the trustworthiness and legal validity of these documents.

By digitally signing such documents with a QES or AdES, parties can demonstrate their intent to be bound by the terms and conditions stated in the document. The digital certification helps establish the integrity of the document and provides evidence of the identity of the signatories, thus contributing to its enforceability.

Please refer to our responses to questions 1 and 2.

From our understanding, this question is subject to the law applicable to documents executed by the use of digital signatures. Luxembourg applies Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 199/93/EC and the law of 14 August 2000 on electronic commerce (which transposed, among other, Directive 1999/93 of 13 December 1999 on a Community framework for electronic signatures) as amended by the law of 17 July 2020. The law of 14 August 2000 as amended refers expressly to articles 1322, 1322-1 and 1322-2 of the Luxembourg civil code, which allow the use of digital signatures; in particular, the digital/electronic signature is recognised under Luxembourg law as having the same force as a handwritten signature.

The eIDAS Regulation, being an EU Regulation, is directly applicable to Maltese law without the need for local transposition. The general rule set out in the eIDAS

Yes. Courts in Mexico do consider documents executed using digital signatures or certifications as valid and enforceable, even if they are not registered or registrable with the AFAC. However, for electronic signatures to be recognized as valid, they must meet specific requirements outlined in the Law of Advanced Electronic Signature, the National Code of Civil Proceedings and the Code of Commerce.

As we previously pointed out, there are no special regulations regarding the use of electronic signatures, which are only applied before the CAA. However, when speaking about the general use of documents signed with an electronic signature, please note the following:

In the case when it is specifically required by the local laws that a certain document/agreement should be hand-signed, as an equivalent, it is mandatory to use only qualified e-signature (e.g., for license agreements, filings with state bodies or agencies). In all other situations, when the local laws do not prescribe any form or do not require a hand-signed signature, there are no formal obstacles to using the other two types of e-signatures.

The use of e-signature is not possible for contracts that must be concluded in front of the notary public.

As indicated in our response to Question 1 above, the courts will consider valid and enforceable documents executed by the use of an electronic signature. However, the relevant legislation does not specifically provide for the use of digital platforms. It is, therefore, uncertain whether the courts would enforce documents executed through such means.

As explained in answer to question 2, documents signed via a qualified electronic signature are legally valid and enforceable in North Macedonia, but such digitally signed documents are still rarely accepted in practice.

Documents that are not subject to filing will be held valid and enforceable inter partes when duly executed digitally.

Non-registration of aviation documents with the CAA (whether on account of being executed digitally/electronically or otherwise) would not, in and of itself, render such documents invalid or unenforceable in any legal proceedings instituted before the courts of Pakistan. Please also see our response to Question 2 above.

Yes, as explained before, documents registration must be issued by SUNARP Aircraft Registry in order to be valid. That registration gives validity and makes enforceable the documents at the DGAC.

None as of this date.

See response to q. 1 above. As a general rule, documents can be executed in any form, including electronically, and that does not prevent them from being valid and enforceable (subject to special form requirements).

Documents e-signed using QES are generally valid and accepted in Portugal, except if and when Portuguese law requires notarization (with confirmation of the signatory’s powers to bind the company).

Please see my answer to question #3.

As shown in the Answer to Question no. 2, a document is considered validly signed using an extended electronic signature as long as the conditions provided by Law 455/2001 are met.

Yes. Generally, under the Law, any agreement (unless specifically prohibited by special regulations), except agreements, which must be concluded before a notary public, can be executed with the use of an appropriate type of e-signature.

The Law recognizes three types of e-signatures – simple, advanced and qualified e-signature. The Law further stipulates that the advanced signature must meet the following requirements:

• it must be uniquely linked to the signatory;

• it is capable of identifying the signatory;

• it is created using e-signature creation data that the signatory can, with a high level of confidence, use under his sole control;

• it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.

In practice, a wide set of agreements can be e-signed, provided that general rules of the Law regulating e-signing are followed. “Simple” agreements and documents are the ones typically signed by e-signatures. These include, for example, commercial agreements, including invoices, purchase orders, leases, simple loan and sales agreements, consumer agreements, etc.

A qualified e-signature is the only substitute for a handwritten signature under the Law. Therefore, whenever it is specifically required that a document be signed in wet-ink (and there are no prohibitions for such document to be e-signed), the qualified e-signature is the only viable option for e-signing.

It should also be noted that, due to the undeveloped practice of competent authorities and uncertainty concerning their position, contractual parties, in practice, tend to conclude any commercially important agreements in writing (or at least with the use of a qualified e-signature), in order to avoid any ambiguities concerning their validity.

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

The eIDAS Regulation ensures legal equivalence between a qualified electronic signature and a handwritten signature but allows Member States to determine the effects of other (non-qualified) electronic signatures and of trusted electronic services in general. For this purpose, the Act 6/2020 establishes a clear evidentiary advantage when electronic documents contain qualified electronic signatures issued by service providers listed in the “Trusted List of Qualified Service Providers of Electronic Services.”

Article 3 of the Act 6/2020 establishes the legal evidentiary effectiveness of private electronic documents when their authenticity is not contested by the party to whom they are addressed, in accordance with the Civil Proceedings Act.

For evidentiary purposes, the Spanish courts distinguish between the effectiveness of documents that have been signed by means of an electronic certificate issued by a non-qualified trust service and those signed by means of an electronic certificate issued by a qualified electronic trust service, which is included in the “Trusted List of Qualified Trust Service Providers.” Generally speaking, the burden of proof lies on the challenging party where qualified signatures have been used; where the dispute relates to the authenticity of a non-qualified signature, then the party that used such signature must prove its authenticity.

Agreements, although not accepted as grounds for registration with the Aviation Authority, are legally binding between the parties no matter the format (verbal, signed digitally or signed in wet ink). The enforceability of such agreement is, should dispute arise, an issue of evidence.

Under Swiss law, a handwritten signature is only required in specific cases (such as, for example, the assignment of rights) but is often contractually reserved. In such cases, besides handwritten signatures, the qualified electronic signature (QES), according to the ZertES, fulfills the formal requirements. In cases where the written form is solely reserved by contract, the parties can always mutually adjust the contractual written form requirement according to their needs, for example, by incorporating the exchange of emails or using signature forms common in the market but not designed as QES under Swiss law (such as Adobe’s basic signatures or DocuSign). Note that Adobe’s basic signatures or DocuSign do not (yet) qualify as QES.

The validity and enforceability of the documents, such as lease contracts, are bound to the registry of the contracts under the Financial Leasing Registry under the Financial Leasing Association and approval of the Directorate General of Civil Aviation.

The Financial Leasing Association and the Directorate General of Civil Aviation do not use any electronic register, and both institutes require Notary requirements to be fulfilled. When it comes to the Notary affirmation procedure, Notaries require documents to be executed with ink signatures.

In this regard, since the documents executed using an electronic signature or certification are not affirmed by the Notaries, a registry cannot be made by the Financial Leasing Registry, and approval cannot be given by the Directorate General of Civil Aviation, which results in documents to be void and unenforceable.

When it comes to documents such as IDERA, the Regulation on IDERA (SHY-IDERA) specifically regulates that IDERA must be drafted and executed before a notary and must be signed physically.

Yes. U.S. courts consider certain documents enforceable if they are executed using some type of digital signature, even if they are not registered (or registrable) with the local Aviation Authority. Certain documents that are not directly required for registration could be considered valid and enforceable if properly authenticated and certified using digital signatures or other secure methods. Examples of such documents could include maintenance records and employment contracts.

These documents, although not directly needed for FAA registration, can be relevant in the context of aviation operations, maintenance, or personnel management. Using digital certification to authenticate these documents can provide an additional layer of security, ensuring their validity and enforceability. However, it is always recommended to consult with a legal professional to verify the specific requirements for your situation and to ensure that your documents meet the necessary standards.