Digital Aviation Document QAs

There is no legal obligation to explicitly state in the agreement that the contract will be signed with an electronic signature; however, agreements signed electronically are valid only if all parties sign electronically.

A qualified certificate must meet certain technical requirements (Art. 28 & Annex I of the eIDAS Regulation), such as electronic signature validation data corresponding to the electronic signature creation data. Since electronic signatures are legally equivalent to wet signatures, the electronic signature does not have to be expressly agreed to in a contract. However, please note that there are some exceptions regarding family law, inheritance law or suretyships.

Pursuant to Section 5(2) of the ECTA, a transaction that has been conducted using electronic means shall not be denied legal effect, validity, or enforceability because of the type or method of electronic communication, electronic signature or electronic authentication selected by the parties. As mentioned in our response under question 2 above, an electronic signature may be proven in any manner, including executing a symbol or security procedure for the purpose of verifying that it is the signature of such party. In our view, it is advisable that (i) the parties agree that electronic signatures may be used; (ii) the type of electronic signature used is unique to the signatory; and/ or (iii) the method creating the electronic signature contains components which together are unique to the signatory for identification purposes.

According to the BH E-Signature Law, only qualified e-signatures are accepted in BH, but having in mind the situation described under Q1, the use of e-signatures is not developed in practice, and authorities in BH are generally reluctant to accept electronically signed documents.

The express consent of the parties to digital signatures in private documents is advisable to avoid challenge by the other party. Currently, local courts accept all types of digital signatures for private documents. In the case of the Brazilian Aeronautical Registry, the electronic signatures must comply with the requirements detailed in our replies to questions 1, 2 and 11.

Generally, acts and contracts can be celebrated using an advanced or simple electronic signature with no additional formal requirements.

According to Law 527 of 1999, when there is a digital signature in a data message, it is presumed that the subscriber of the signature had the intention to credit that message and be linked to its content. The uses of digital signatures have the same force and effects as the use of a handwritten signature if certain attributes are incorporated, such as: it is the only person who uses it, it is susceptible of being verified, it is under the exclusive control of the person who uses it, it is linked to the information or message, in such a way that, if these are combined, the digital signature is invalid and it is in accordance with the regulations adopted by the government.

Article 11 of the Law states that the purpose of the digital signature is to warrant: a.) The legal link between a document, a digital signature, and a person; b.) The integrity, authenticity, and general non-alteration of the document, as well as the associated digital signature; and c.) The authentication or certification of the document and the associated digital signature only in the event of the exercise of public certifying powers.

To verify the above in certified digital signatures, the certifier in Costa Rica enabled a web page to validate that the digital signature complies with the guarantee of integrity and authenticity, which means that the document has not been modified after its signature, the guarantee of validity in time whereof the document was signed with a valid certified digital signature, and the seal of time that allows to confirm the existence of the signature or document in time.

In the cases of non-certified digital signatures and when digital signatures can be used as they are not incompatible with the law by the formalities stated therein, article 2 of the Law is applicable, which refers to the autonomy of the will of individuals to regulate their relations.

For instance, article 5 of the Law states that the use of electronic documents is valid for “the formation, formalization and execution of contracts”. Lastly, article 9 of the Law states that “Documents and communications signed by digital signature will have the same value and probative effectiveness as their equivalent signed in handwriting. In any legal norm that requires the presence of a signature, both the digital and the handwritten will be recognized in the same way.”

As even certified digital signatures can be repudiated, it is important to refer in private documents -specifically, contracts- the consent of the parties to use a non-certified digital signature, and therefore the agreement, its amendments, or related documents signed in the said form will be enforceable between the parties.

It is of particular importance to use a digital signature application with which it can be verified that the person signing is who she says, as well as the integrity and inalterability of the document, and to keep the respective support with which the above can be proven, especially if any claim arises in connection therewith.

Also, depending on the nature of the document, it must comply with the formalities required for the filing, such as the fiscal stamps, certification of the signature, among others, pursuant to article 10 of the Law.

There are generally no formal requirements for the validity of documents executed by digital signatures. However, certain regulations and case law prescribe special forms in which the documents must be executed in (e.g., a security agreement for the establishment of a mortgage which is to be registered with the Registry of civil aircraft must be executed in the form of a notarial deed), and such special form often excludes the possibility of execution by digital signature.

There are no formal requirements to be met or to be stipulated in the documents concerned in order to make the documents governed by Czech law valid if executed by electronic signatures; the parties enjoy, in this respect, freedom to contract and sign how they wish and agree upon. No prior agreement to sign electronically is required, and the document may even be executed by different means by each party (unless it is explicitly excluded by the parties themselves).

According to Article 35 of Law No. 126-02 on Electronic Commerce, Documents and Digital Signatures, for documents executed by digital signature to be valid in the Dominican Republic, they must be certified by an institution duly registered and authorised by the Dominican Telecommunications Institute (INDOTEL).

In other words, only those signatures that are registered under the entities authorised by INDOTEL are generally valid in the Dominican Republic.

No, other than the digital signature being an electronic, encrypted stamp of authentication on digital information. No express consent by the parties is required.

No, there are no formal requirements for a document executed by digital signatures to be valid. Article 6 of the Law establishes that a simple electronic signature shall have the same legal validity as a handwritten signature. Therefore, documents executed with digital signatures are valid as if they were executed with handwritten signatures, with the exception of those documents that require formalities for their validity (granted before public notary).

No

Electronically executed documents are valid if a permissible identification procedure has been used, the signatories are properly identified, and the integrity of the document is guaranteed (article 1174 in conjunction with articles 1366, 1367 of the French civil code). Some contracts may require specific wordings to be written by a specific person (for example, suretyship (cautionnement)). Such wording may be included in the contract under electronic form only if the procedure warrants that solely the relevant person could have included it.

Although it is common practice to include wording to that effect, Parties’ express consent to using digital signatures is not required for the validity of contracts.

In general, all contracts can be concluded electronically unless the German Civil Code (in German “Bürgerliches Gesetzbuch” or abbreviated “BGB”) requires a written form, as section 126 para. 3 BGB stated: the written form may be replaced by electronic form unless the statute leads to a different conclusion. If a written form is prescribed by statute, the document must be signed by the issuer with its name in its own hand or by its notarial certified mark (section 126 para. 1 BGB). Notarial recording replaces the written form (section 126 para. 4 BGB).

If the electronic form is to replace the written form prescribed by statute, the issuer of the declaration must add its name to it and provide the electronic document with a qualified electronic signature (section 126a para. 1 BGB). In the case of a contract, the parties must each provide a counterpart with such an electronic signature as described in the preceding sentence (section 126a para. 2 BGB).

Thus, the legislation distinguishes between so-called simple electronic signatures (SES), advanced electronic signatures (AES) and qualified electronic signatures (QES).

For the creation of a simple electronic signature, it is sufficient if the signature is inserted digitally into the document or if the name is reproduced at the end of the text. The signature must be decipherable and assignable to a specific person; e.g., the indication “lawyer” is not sufficient due to the lack of a name. The signature must ensure that the person identified by the secure means of transmission is identical to the person who assumes responsibility for the content of the electronic document with the reproduced signature. Since they do not have to be forgery-proof or firmly linked to the other data, they have no security value. This includes, for example, a scanned signature, which can be forged or removed at any time, but also, in the case of e-mail, the name data in the address field or the mere mentioning of a name in the text.

An advanced electronic signature requires the following:

• The signature is uniquely attributable to the signatory.
• The identification of the signatory is possible.
• The signature is created using electronic signature creation data that the signatory can use with a high degree of confidence under its sole control.
• The subsequent modification of the data can be detected because the document is encrypted due to using a secret private key (cf. Art. 26 eIDAS Regulation).

The electronic form is based on a cryptographic encryption process, which is characterised by the use of two different keys, namely the secret private key and the public key, which is accessible to everyone. Both keys are contiguous, but the public key cannot be used to calculate the private one.

The process is as follows: The so-called hash value is calculated from the text of the document to be encrypted according to a known algorithm, which compresses the message. The calculated hash value is now encrypted with the private key of the signer. The unencrypted text is transmitted together with the encrypted hash value to the recipient, who can open the encrypted, compressed text with the signature verification key. The recipient receives the matching verification key either from the sender or from trust service providers, where this key is kept retrievable. The recipient can now decode the encrypted hash value with this public key and is then able to calculate the hash value from the unencrypted text using the known algorithm and compare this value with the decoded hash value transmitted to it. If these values match, the text has not been subsequently changed because otherwise, the hash value would also have changed.

A qualified electronic signature has all the characteristics of an advanced electronic signature and some additional requirements, which are explained below.

It is defined as “an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures” (Art. 3 No. 12 eIDAS Regulation).

Only trust service providers may issue the aforementioned qualified certificates, which additionally fulfil the requirements of the eIDAS Regulation (cf. Art. 3 No. 19 eIDAS Regulation). The certificates are electronic attestations that link the public signature verification key to the natural person and confirm the identity of a person. Trust service providers often require state recognition. Pursuant to § 126a paragraph 1 of the BGB, a declaration is required from the issuer that the electronic document is to be provided with a qualified electronic signature. For a signature to meet the requirements of Section 126a Para. 1 BGB, it is necessary on the one hand that the signature is based on a valid qualified certificate. On the other hand, the signature must be created with a secure signature creation device. The necessary security is ensured by the fact that the signature key can only be applied after the holder has identified itself, for example, by means of a smart card and a password or by means of a smart card and one or more biometric features.

Pursuant to article 8 of the Law, an electronic signature will be considered reliable by means of the fulfillment of the requirements as long as it includes the following: 1) The signature creation data, in the context in which it is used, corresponds exclusively to the signatory; 2) It is susceptible of being verified; 3) The signature creation data were, at the time of signing, under the signatory’s exclusive control; 4) It is possible to detect any alteration of the electronic signature made after the time of signing; 5) It is linked to the information or data message, such that if these are changed, the electronic signature is invalidated; and, 6) It conforms to accepted regulations.

By electronic means, all types of acts, contracts and any other type of legal business may be held if it is possible to reliably show the will of the parties to carry out the legal business by that means. The consent of the parties is proven by the exchange of emails, videos, voice recordings, exchange of text messages, electronic acceptance of standardized contracts or by sending an electronic self-portrait holding the identity document visibly next to the face of the signatory taken through the corresponding application prior to sending the respective application or form.

The law upholds digitally executed documents, and the parties do not need to expressly consent to the use of digital signatures in the agreements.

As indicated above, according to Section 3 of the Electronic Signature Law, an electronic message signed by a “secured electronic signature” will be admissible in any legal proceeding and will constitute, inter alia, prima facie evidence that – (1) the electronic message was not changed after the date of its signature; (2) the electronic message was signed by means of signature recognized by means of signature verification; and (3) with respect to an electronic message signed by a certified electronic signature (as defined in the Electronic Signature Law) – also that the electronic message was signed by a person who was issued the means of signature.

A “secured electronic signature” is an electronic signature that meets all the conditions laid down in Section 1 of the Electronic Signature Law, i.e., it is exclusive to the owner of the means of signature; it enables the prima facie identification of the owner of the means of signature; it was produced by means of signature under the sole control of the owner of the means of control; and enables identification of a change made in the electronic message after the date of signature.

“means of signature” means “exclusive software, object or information needed for the production of a secured electronic signature’,

“electronic message” – information that is created, sent, received or saved by electronic or optical means when it is seen, read, heard or retrieved by said means.

We are not aware of a requirement (by law or case law) that the consent of the parties to the use of digital signatures be expressly referred to in the agreement.

In Italy, there are certain formal requirements for the validity of documents executed by digital signatures. The consent of the parties to the use of digital signatures does not necessarily have to be expressly referred to in the agreement, but it is recommended to include provisions regarding the use of digital signatures to ensure clarity and avoid any potential disputes. Under Italian law, electronic documents and signatures are generally considered legally valid and enforceable. However, for certain agreements that require the written form, it is important to ensure that the use of a digital signature meets the specific legal requirements.

Please refer to our responses to questions 1, 2 and 7 above.

Whilst there is no requirement in law for the parties to consent to the use of e-signatures, from our experience, we have seen documents drafted with an express consent for the use of e-signatures, especially in transactions where parties anticipate that execution will be done by way of e-signatures.

Based on articles 1322-1 and 1322-2 of the Luxembourg civil code, the signature required to perfect a private document must identify the person who affixes it and that this person indicates his agreement with the content of the document. It may be handwritten or electronic. An electronic private document is deemed to be an original when it presents reliable guarantees as to the maintenance of its integrity from the time when it was first created in its final form.

Based on the above provisions, it seems that the only agreement by the person who signs is in reference to the content of the document, but the consent of the party to digital signature is “implied” by the presence of the digital signature. As both methods are acceptable (handwritten or electronic), it does not seem that one method should prevail or could be imposed on the parties. The parties have to choose the method of signature and follow this method.

To our knowledge and understanding, there currently exists no formal requirements for the consent of digital signatures.

Yes. For documents executed by digital signatures to be considered valid in Mexico, they must adhere to the formal requirements outlined in the Law of Advanced Electronic Signature.

No, there is no legal obligation to expressly state in the contract that the contract will be signed with an electronic signature.

Pursuant to the Evidence Act, the consent of a party to an electronic signature is not required to be expressly referred to in an agreement to make such an agreement valid. It suffices that the relevant party has appended its electronic signature to the document with the intention to be bound, and there were no elements of duress, deceit, or illegality, at the time of the execution.

However, the consent of an illiterate and blind person is required to be expressly stated in any agreement as having been obtained at the time of its execution. By virtue of section 119 of the Evidence Act, a jurat is required, stating in the document that the contents of the document have been read over to such a person and translated into a language that he/she understands, and such person appeared to have understood the same.

There are no other formal requirements for the validity of documents related to the fact that they are signed digitally. The consent of the parties to digital signatures is not prescribed as a mandatory element, but it is advisable that such express reference is included considering the conservative market approach to the acceptance of electronic signatures.

In terms of the electronic document itself, the Minister for Information Society and Administration has adopted a Rulebook on the Mandatory Elements of Electronic Documents (“Rulebook”), according to which an electronic document must meet certain technical requirements and contains the following elements (regulated in more details in the Rulebook):

1. Header, at the top of the document, containing the logo of the issuer;
2. Body, as the central part of the document, consisting of the text prescribing the essential meaning and substance of the document;
3. Footer, at the bottom of the document.

Electronic signature through the electronic communication system is equal to a regular signature, cf. Regulation on electronic communication with the courts section 11. The digital signature must, however, satisfy the requirements of the eIDAS regulation to achieve this legal effect.

That being said, under Norwegian law, oral agreements are as binding as written agreements as long as there is sufficient evidence of an intent to enter into the agreement. Therefore, any form of electronic signature not satisfying the requirements (e.g., DocuSign) may, under the circumstances, be sufficient to establish a validly executed agreement enforceable between the parties.

No, there are no formal requirements for the validity of documents executed by electronic signatures. Pursuant to Section 7 of the Ordinance, the requirement under any law for affixation of signatures shall be deemed satisfied where electronic signatures or advanced electronic signatures are applied. Further, pursuant to Section 8 thereof, an Electronic Signature “may be proved in any manner, in order to verify that the electronic signature is of the person that has executed it with the intention and for the purpose of verifying its authenticity or integrity or both”.

It is pertinent to note that the Ordinance has removed the requirement for attestation and notarization for a period of two years from the date of the enactment of the aforementioned Ordinance, or till the time either the Federal or Provincial Governments, as the case may be, devises and implements measures for attestation and notarization of electronic documents, whichever is later. We are unaware of any measures that have been implemented by the Federal or Provincial Governments in respect of the requirements of notarization and attestation as of the date of this analysis.

Digital signatures, will be considered valid if it is generated within the framework of the Official Electronic Signature Infrastructure (IOFE) according to article 3 of Supreme Decree 052-2008-PCM, which approves the “Regulations of the Digital Signatures and Certificates Law”.

Article 6 of the Regulation establishes the conditions that the digital signature generated within the framework of the (IOFE) must have:

“CHAPTER II
DIGITAL SIGNATURE Article 6.- Digital signature

It is an electronic signature that, using an asymmetric cryptography technique, allows the identification of the signatory and it has been created by means, even remotely, that guarantee that the signatory maintains under its control with a high degree of confidence, so that it is linked only to the signatory and to the data to which it refers; which allows guaranteeing the integrity of the content and detecting any subsequent modification, has the same validity and legal effectiveness as the use of a handwritten signature, provided that it has been generated by a duly accredited Digital Certification Service Provider that is within the Official Electronic Signature Infrastructure, and that has none of the defects provided in Title VIII of Book IV of the Civil Code.

(…)”

The digital signature generated within the framework of the (IOFE), must be generated through a Digital Certification Service Provider duly accredited before INDECOPI.

In 2001, the Electronic Commerce Act came into force and aimed to facilitate international transactions, contracts, and exchanges and storage of information through the utilization of electronic medium, as well as the technology to recognize the authenticity of electronic documents related to such transactions. This Act officially and legally initiated the recognition of electronic signatures and digital signatures.

In response to the Electronic Commerce Act, the High Court of the Philippines issued the electronic evidence rules. It is now recognized that electronic documents are the functional equivalents of paper-based documents such that whenever a rule of evidence refers to the term writing or document, such term shall be deemed to include an electronic document. As such, an electronic document is admissible in evidence if it complies with the rules on admissibility and can be authenticated in the manner prescribed by the rules on electronic evidence.

As to using digital signatures on electronic documents, while there is no formality requirement on how it is affixed to the electronic document, the important aspect of digital signatures is the authentication process required to be done under the rules on electronic evidence.

See pt. 1) above. As a rule, documents can be executed in any electronic form that demonstrates the consent of all parties involved – subject to special form rules required for specific types of actions or filings. Express consent to digital signatures is not required.

See the answer to question 2) above. Documents which, under Portuguese law, must be notarized or subject to public deed cannot be executed by e-signature.

Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

No.

No.

A document is considered validly signed using an extended electronic signature as long as the conditions provided by Law 455/2001 are met. For details, please see Answer to Question no. 2.

No, there are no other formal requirements for the validity of such documents.

This means that, except for agreements that must be concluded before a notary public and agreements where digital signing is prohibited by special regulations, documents executed by digital signatures are valid with no additional requirements.

The consent of the parties to digital signatures does not 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.

There is no specific provision in this respect. It is generally understood that parties tacitly agree to using digital signatures when both use them or where one party does not object to this. The main exception would be those types of transactions or documents that, by virtue of imperative legal provisions, require a certain form (such as notarial documents and the like).

As mentioned above, agreements are legally binding, no matter the format. If digitally signed, it does not need expressed consent or referral. However, to avoid the issue of proving the validity of the agreement (or other document), it is recommended that it is clearly stated that the agreement or document is signed digitally, and it is further recommended that cryptographic or two-step authentication is used to validate the signee’s identity.

Please see the answer to question 5 above.

According to Turkish Regulation, there is no form required for the validity of contracts, except for some contracts which require an official form or special procedure, such as the sale of real estate. Therefore, when there is no special form requirement, it will be possible to sign contracts with an electronic signature. The electronic signatures that shall be fulfilled based on a qualified electronic certificate conditions will not be deemed as secured, and they will fulfil the written requirements. In other words, if a document’s validity is bound to a formal procedure according to Law, then an electronic signature cannot be used on execution at all.

Yes, the Federal Aviation Administration (FAA) has specific requirements for the validity of documents executed by digital signatures. To be valid, electronic signatures used in FAA-related documents must comply with the requirements of Advisory Circular A120-78A 14 CFR part 11, which includes technical standards for electronic signature methods and processes. Specifically, the FAA requires that documentation submitted to them is signed with a digital signature. AFS 750 change bulletin 16-03 outlines the requirements of a digital signature.