Digital Aviation Document QAs

The E-Signature Law does not distinguish between official digital signatures and private digital signatures.

However, courts accept only a limited number of documents executed digitally which are issued online through the governmental platform e-Albania (i.e., commercial company excerpt, certificate of social contribution, etc.). For these documents, simple hard copies with no additional certification by public authorities can be submitted. Documents executed digitally by other public authorities can be submitted, provided that the hard copies are certified by the authority which has issued the document. For all other documents executed digitally (with a qualified electronic signature), the secondary legislation for certification of hard copies by a public notary has not yet been enacted, and the court can refuse to consider them.

There are different types of electronic signatures: “simple” electronic signature, qualified electronic signature and administrative signature (“Amtssignatur”).

Depending on the security level and the certificate, the signed documents have different effects.

Documents provided with a “simple” (e.g., scan copy) electronic signature are subject to the free evaluation of evidence by the judge in court proceedings. Thus, there is also no legal certainty.

According to Art. 25 (2) eIDAS Regulation, the qualified electronic signature fulfills the legal requirement of a wet signature. In order to generate a qualified electronic signature, the signatory must have a qualified certificate, in addition to a qualified signature creation device, such as a smart card with the corresponding signature software.

The administrative signature is issued by an authority to PDF documents such as official notices.

Pursuant to Section 4(c) of the ECTA, the provisions of the ECTA providing for electronic signatures are not extended to court orders or notices or official court documents which are required to be executed in connection with court proceedings. As such, the courts of The Bahamas do not accept procedural documents being executed digitally.

Courts in BH generally do not accept procedural documents executed digitally.

Generally, private and procedural documents are executed digitally and filed electronically in local courts. Procedural documents must be digitally certified with ICP-Brazil before being uploaded electronically to local courts.

Yes. The courts in Chile allow the filing of procedural documents by means of simple and advanced electronic signatures. Generally, the advanced electronic signature is required by courts to submit the power of attorney.

In Colombia, as a result of Law 2213 of 2022, the use of digital technology is encouraged to expedite the processing of legal proceedings. Courts accept procedural documents that are executed digitally as part of efforts to make the justice system more accessible and user-friendly. While face-to-face attention is prioritized, digital tools are utilized to provide greater flexibility and convenience for users, with exceptions made for cases of force majeure. These efforts aim to improve access to justice and enhance the efficiency of legal proceedings through the use of information and communication technologies.

Yes, procedural documents executed digitally can be filed through the Court’s digital system, which admits documents signed with a certified digital signature. They are usually signed by the attorney, but they can also be signed by the legal representative of a company involved in the process, the plaintiff, the defendant, etc.

In the case of documents originating in other countries, they must be apostilled pursuant to article 294 of the Public Administration General Law.

Yes, the Law on Certificates, Digital Signatures and Electronic Documents N° 8454 regulates the simple digital signature and the certified digital signature. The latter is issued by a certifier authorized in Costa Rica, and according to article 10 of the Law, the certified digital signature will be presumed, unless proven otherwise, of the authorship and responsibility of its owner.

Yes, the courts do accept procedural documents executed digitally, and this is facilitated by using the electronic data box. In general, there are no specific requirements as to the form and certification of such documents; it highly depends on the purposes for which the documents are submitted. As outlined above, any submission made through the electronic data box does not need to be specifically certified. If there are documents attached to the submission which are required to comply with the specific certification, such documents must be submitted together with such certification. In this respect, it is worth pointing out that any paper original can be converted into a certified electronic version of such document.

To date, the ordinary courts only accept electronically executed documents in criminal matters (certain restrictions are applied). Nonetheless, the Dominican Republic is actively making efforts to implement processes that aim to accept digitally executed documentation at a general level in the judicial system, given that these documents comply with the existing legal mandates mentioned above.

Yes, but the electronic signature needs to be issued by a duly licensed issuer in Ecuador.

Pursuant to the Law, the acts and contracts granted or entered into by natural persons or companies and subscribed by means of electronic signatures are valid in the same manner and produce the same effects as those executed in writing and on paper. However, if due to the nature of such acts, the regulations require them to be executed with certain formalities (before a public notary, etc.) if such documents are executed electronically, they will not be valid and will not be admissible in court.

Yes. Usually, no specific certification is required.

Electronic signatures are divided into three different levels in the eIDAS Regulation (EU) No 910/2014. These are electronic signatures, advanced electronic signatures and qualified electronic signatures. The only qualified trust service provider in Finland is the Population Register Centre, which is the only provider in Finland providing signing certificates required for qualified electronic signatures. A qualified electronic signature is legally binding and indisputable in the whole EU. In Finland, it is not necessarily required to use a qualified electronic signature; often, an electronic signature of a “lower” level is accepted.

Yes. Documents should comply with France’s laws on electronic signatures. There are no official digital signatures in France.

Legal documents must be executed digitally and submitted via beA, which is the only way to submit documents to the court or opposing lawyers. The beA signature card must be set up by the Federal Bar Association (in German, “Bundesrechtsanwaltskammer” or abbreviated “BRAK”) for every lawyer admitted to practice in Germany. It ensures the authenticity of the participants in this transmission channel through a secure directory service. P.O. box address and access authorisation are only assigned by the BRAK once the lawyer’s admission has been verified. Therefore, a password and chip card are required.

At this time, the courts of Honduras do not accept procedural documents executed digitally.

Yes, the Law on Electronic Signatures regulates the simple digital signature and the certified digital signature. The latter is issued by a certifier authorized, and the certified digital signature, it will be presumed, unless proven otherwise, of the authorship and responsibility of its owner.

According to the Electronic Signature Law, when a law requires a signature of a person on a document, this requirement may be met with respect to a document that is an “electronic message” by “a certified electronic signature.”

The Electronic Signature Law does not use the terms “official electronic signature” or “private electronic signature” appearing in the above question but defines three types of signatures:

1. “electronic signature” – “a signature which is electronic information or an electronic signal applied or connected to an electronic message”;
2. “secured electronic signature” – an electronic signature which is unique to the owner of the means of signature; enables the identification, prima facie, of the owner of the means; is created by means of a signature subject to the exclusive control of the owner of means of signature; and enables the identification of a change made in the electronic message after the date of the signature.
3.  “certified electronic signature” – a “secured electronic signature that a certifying authority has issued a certified electronic certificate, regarding the means of verifying the signature, that identifies it.

An electronic message signed by a secured electronic signature is admissible in any legal proceeding and will constitute evidence prima facie: (1) that the electronic message was not altered after the time of its signature; (2) that the electronic message was signed by means of signature recognized by means of verifying the signature found in the electronic certificate attached to the electronic message, as far as it was attached; (3) with respect to an electronic message signed by a certified electronic signature – also as to that the electronic message was signed by the owner of the means of signature.

Yes. Italian Courts have been implementing an electronic system, which, among others, makes it possible to process documents electronically. In Italy, there is a distinction between different types of digital signatures, but it is not based on whether they are official or private. Instead, the distinction is made based on the level of trust and security provided by the digital signature.

The main types of digital signatures recognized in Italy are as follows:

Yes.

The Practice Directions allow for the filing of documents executed digitally. Direction 22 of the Practice Directions provides that a signature for electronically filed documents may take one of the following forms:

1. (a)  non-electronic signature, where the person may sign a document non-electronically, and the document shall be scanned for electronic filing;
2. (b)  computer tablet signature, where the person may electronically sign a document using a computer tablet or similar technology; or
3. (c)  login and password, if the person is a registered filer, the person may sign the document using the person’s login and password, accompanied by a digitized or electronic signature.

Where a party uses an electronic signature pursuant to the Practice Directions, the same must comply with the provisions of the KICA as the definition of an electronic signature under the Practice Directions refers to the meaning ascribed to it under the KICA.

The Practice Directions presume the validity and authenticity of signatures on electronically filed documents unless convincing evidence is presented to prove otherwise. This means that unless there is credible evidence indicating that a signature is not authentic or valid, it will be considered as such.

We are not aware of any distinction between official digital signatures and private digital signatures under the Kenyan legal framework.

1. Procedural documents such as written observations, pleading notes, etc., require a wet-ink signature from a lawyer. Writ of summons requires no signature from a lawyer at all.
2. N/A (see above answer)
3. N/A (see above answer)

Further to our reply to question 6, this very much depends on the type of documents being submitted, the forum where they are being submitted and the purpose of their submission. This said, the general rule is that procedural documents are to be filed in original wet ink by the authorized person and/or legal representative in Malta.

Furthermore, the representation of a client and defence of his interests is excluded from the areas or fields to which our provisions on e-signatures apply. These are exhaustively listed in the Fifth Schedule of the E-Commerce Act, Chapter 426 of the Laws of Malta, and include, amongst others, the following:

a) the representation of a client and defence of his interests before the courts,

b) the law governing the creation, execution, amendment, variation or revocation of:

(i) a will or any other testamentary instrument. (ii) a trust; or

(iii) a power of attorney.

c) Any law governing the making of an affidavit or a solemn declaration or requiring or permitting the use of one for any purpose.

d) the rules, practices or procedures of a court or tribunal however so described.

e) Any law relating to the giving of evidence in criminal proceedings.

f) Any contracts governed by family law.

Yes. The courts of Mexico do accept procedural documents executed digitally. However, there is a specific certification requirement for these electronic signatures. To be considered valid within courts and the judicial system, electronic signatures must adhere to the regulations outlined in the Law of Advanced ElectronicSignature.

It is essential to note that Mexico distinguishes between official digital signatures, which are governed by the Law of Advanced Electronic Signature, and private digital signatures used in other contexts, such as those provided by digital platforms. The official digital signatures must comply with the legal requirements set forth by the Law of Advanced Electronic Signature to be accepted within the court system.

Courts in Montenegro are legally obliged to accept procedural documents signed with an electronic signature. However, the application of documents signed with an electronic signature in Montenegro is not commonly used in practice.

The Montenegrin E-Signature Law does not distinguish between official digital signatures and private digital signatures.

The courts will consider valid and enforceable documents which have been executed through the use of an electronic signature. In determining the admissibility of any procedural document executed electronically, the conditions in Section 84 (2) of the Evidence Act are required to be satisfied.

Nigeria does not specifically make a distinction between official electronic signatures and private electronic signatures.

There is no legal obstacle for courts in North Macedonia to accept procedural documents executed digitally, considering that the Law on Civil Procedure explicitly provides that a submission may be signed electronically. In practice, submitted procedural documents always contain a handwritten signature, and we are not aware of any submitted electronic documents.

To be legally valid and enforceable, digitally signed documents must be signed via an electronic identification scheme registered by the Ministry.

The Electronic Documents Law does not make a distinction between digital signatures created by public or private entities.

Authorized lawyers and associates are obliged to register as a user and utilize the electronic communication system (“Aktørportalen”) to upload procedural documents, cf. Regulation on electronic communication with the courts section 3a. This entails that lawsuits, pleadings and procedural documents are uploaded directly to the system, which are all accepted as executed once submitted. Non-professionals litigating their own case are generally not permitted to register as a user in this system.

Otherwise, the courts also accept procedural documents by e-mail that are signed electronically.

The courts in Pakistan presently do not accept electronically executed documents for the procedural purpose of instituting or defending any legal proceedings such as pleadings and interim applications etc. Any person seeking to institute legal proceedings is required to physically present themselves before the relevant branch/office of the relevant court to execute the documents for the purpose of verification and authentication, which may then be subsequently filed in court. Without prejudice to the foregoing, our courts do recognize documents prepared, produced, or generated through electronic devices as admissible in evidence on the basis that the Ordinance has introduced provisions that have amended the Qanun-e- Shahadat Order 1984 (i.e., the law on evidence in Pakistan). Please also see our response to question number 2 above.

Filing documents with electronic or digital signatures in the Courts system is admitted.

Generally, while some pleadings in judicial actions can be sent by email with the scanned signed document attached, the physical wet-signed documents are still customarily filed with the relevant office and courts. This is also true for the Aviation Authority. For digital signatures, these are more recognized and accepted in the executive department, through the various administrative agencies, rather than the judiciary. Whenever accepted, there is a distinction made between official and private digital signatures. There is likewise no specific certification or authentication form or requirement from judicial courts and administrative bodies. Thus, they remain validly submitted and filed unless otherwise challenged.

No – see the response to pt. 6).

Yes, see the answer to question 6) above.

Is there any specific certification required?

Yes, see the answer to question 6) above.

Does Portugal make any distinction between official digital signatures and private digital signatures?

Yes. Documents signed electronically are accepted. If you mean whether you could include them as exhibits, yes. However, in order to decrease the chances of a valid challenge, preferably, it should be at least a certified copy of the digitally executed document. If you mean motions executed digitally, that should not be a problem, as Puerto Rico First Instance State Court allows for electronic signatures in motions. The attorneys simply sign with a “s/insert attorney’s name”, rather than with a signature per se. Please note that the Court of Appeals and the Supreme Court still require motions to be signed with wet signatures.

Is there any specific certification required?

No, certification is required. However, the digital signatures accepted in motions for the Court of First Instance must be the “S/” and not a digital copy of the physical signature.

Does Puerto Rico make any distinction between official digital signatures and private digital signatures?

No.

The courts of Romania may accept procedural documents executed digitally as long as they bear a valid extended electronic signature.

The Romanian High Court of Cassation and Justice (Decision 520/2019 rendered on 7 March 2019) held that an extended electronic signature used by the parties in relation to the court “connects that electronic identity of the signatory with the digital documents, not being able to be copied from a digital document on another one, this granting authenticity to the document.”

Accordingly, the High Court recognized the effects of the extended electronic signature and accepted it as it would have

a signature made by hand, stating that the extended electronic signature “offers the court a guarantee of the fact that the digital message or document is created by the person that signed it, and the content of the digital message or of the document was not modified from the date of its issuance.”

Even this possibility is foreseen under the law. In practice, only the Serbian Administrative Court accepts procedural documents executed digitally.

There is a distinction between official and private digital signatures in Serbia. A qualified e-signature is the only official digital signature recognized in Serbia, as solely qualified e-signatures are issued by competent certification authorities, public or private entities, in Serbia. Exceptionally, these could also be foreign providers of trust services in electronic business, which are registered in the countries with which Serbia has entered into a bilateral agreement on mutual recognition of providers of such services.

Advanced and simple e-signatures fall into the category of private digital signatures. Advanced e-signatures can generally be used by private entities for “simple” transactions and include, for example, Adobe or DocuSign AES solutions. Simple e-signatures cover the widest range of e-signatures in practice, including “tick-box” signatures, signatures created by a stylus or typed signatures used, e.g., for signing e-mails but are not considered as officially recognized, which is only the qualified digital signature issued by public or private entities.

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).

As explained in the previous point, all procedural documents must be submitted through one of the official platforms, such as Lexnet.

Procedural documents are widely accepted and preferred by the courts. For procedural documents, there are no requirements for signing whatsoever. However, POAs needs to be submitted to the courts in original or signed and submitted through the court’s digital platform for it to be acceptable.

Yes, see the answer to question 6. As far as the distinction between official and private signatures is concerned, please see our answer to question 5 above.

In Electronic Signature Law, there are two types of electronic signatures in essence, namely electronic signature and secure electronic signature.

Pursuant to the Electronic Signature Law, a secure electronic signature has legal recognition, and Article 5 explicitly recognizes the validity of both handwritten signatures and secure digital electronic signature; therefore, a secured electronic signature has the same legal effect as a handwritten signature. According to the Turkish Regulation, in exceptional cases, an official form or a special ceremony and guarantee agreements other than bank letters of guarantee cannot be executed with a secure electronic signature. In this case, it is also possible that a secure electronic signature may not meet the written form requirement.

It should be noted that e-signatures are only issued by certified Electronic Certificate Service Providers sanctioned by the Turkish Information and Communication Technologies Authority. Consequently, an e-signature was provided by an approved provider, and electronic documents can be executed with digital validity.

Yes, the courts in the U.S generally accept procedural documents executed digitally, provided that they meet the requirements for electronic filing and signature authentication. There are various methods of electronic signature authentication that may be acceptable in U.S. courts, including digital signatures, electronic signatures, and other forms of electronic authentication. However, there may be additional requirements for electronic signatures in certain contexts, such as when filing documents with government agencies or for certain types of contracts. Note that not all types of documents can be signed electronically when filing with a court. The specific requirements for signature authentication may vary depending on the court, the type of document being filed, and the jurisdiction.

Regarding the distinction between official and private digital signatures, there is no single system of digital signature certification in the United States. Some types of digital signature certification may be issued by government agencies or other official entities, while others may be issued by private companies or organizations. In general, the authenticity and validity of a digital signature will depend on the specific certification and authentication method used.

It is always advisable to consult with legal counsel or court personnel for guidance on the rules and requirements for electronic filing and signature authentication in a specific case or jurisdiction.