eSignature Legality Guide
eSignature Legality in Hungary
Hungary, as a member of the European Union, has recognized the legal validity of electronic signatures since 2001, following the adoption of the Act on Electronic Signature, which was introduced after the EU Directive of 1999.
E-Signature Legality Summary
According to Hungarian legislation, a handwritten signature is not always necessary for a contract to be valid. Contracts are generally enforceable if the parties are legally capable and reach an agreement, whether that agreement is made verbally, electronically, or in writing (see Section 6:63 of the Hungarian Civil Code). In some cases, parties may need to provide evidence in court to prove the validity of a contract. Leading digital transaction management platforms can generate electronic records that are admissible as evidence under the Hungarian Civil Code, supporting the existence, authenticity, and acceptance of a contract.
Additionally, Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the “eIDAS Regulation”) became effective on 1 July 2016. This regulation replaced the e-Signatures Directive (1999/93/EC) and is directly applicable in all 28 EU member states.
The eIDAS Regulation is technology-neutral and establishes three categories of electronic signatures (SES, AES, QES). Article 25(1) states that an electronic signature cannot be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form or does not meet QES requirements. Articles 25(2) and (3) grant a QES the same legal status as a handwritten signature and ensure that a QES recognized in one EU member state is also recognized in others. Recital 49 allows national laws to specify which type of electronic signature is required in particular situations.
Notable Changes in E-Signature Law Since 2020
None.
Documents That May be Signed Electronically
Examples of documents where a Standard Electronic Signature is generally suitable include:
- Various HR documents, such as non-disclosure agreements, privacy statements, benefits forms, and other onboarding paperwork for new employees, except for employment contracts and termination notices;
- Business contracts between companies, including NDAs, purchase orders, order confirmations, procurement documents, sales contracts, distribution agreements, and service contracts (excluding data processing agreements)
- Consumer contracts, such as documents for opening new retail accounts, sales terms, service terms, software licenses, purchase orders, order confirmations, shipping documents, user manuals, and policies
- Software license agreements for software acquired through commercial distribution
- Licenses for patents and trademarks
- Transfers of intangible property, including patent and trademark transfers (excluding assignments of collective and certification trademarks)
Further Guidance
Certain documents are specifically excluded from digital or electronic processes, or require explicit formalities such as handwritten (wet ink) signatures or notarial acts, which are generally not compatible with electronic signatures or digital transaction management.
- Handwritten - all documents related to family relationships and civil partnerships (Fourth Book of the Civil Code)
- Handwritten - all documents concerning inheritance matters (Sixth Book of the Hungarian Civil Code)
An “advanced electronic seal” is an electronic seal created by a legal entity that meets the following criteria: (i) it is uniquely associated with the seal creator; (ii) it can identify the creator; (iii) it is generated using electronic seal creation data under the creator’s sole control; and (iv) it is linked to the sealed data so that any subsequent changes are detectable.
A “qualified electronic seal” is an advanced electronic seal created by a qualified electronic seal creation device and based on a qualified certificate for electronic seal, issued to a legal entity.
Austria, as a country with a tiered eSignature legal model, recognizes the QES (Qualified Electronic Signature) concept, which requires independent accreditation by an approved certification body. While QES is only mandatory for certain transactions, Austria, as an EU member, follows ETSI (European Telecommunications Standards Institute) standards for QES technical requirements. Austria is also among the few countries where an AdES (Advanced Electronic Signature) can, in specific cases, substitute for a QES. An AdES does not require approval from a local Austrian certification body but must use digital signature technology and may need to meet certain ETSI certifications. Austria, along with other EU countries, maintains a public list of authorized qualified electronic certificate providers.
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: January 20, 2023