eSignature Legality Guide

Standard electronic signatures (SES) are generally suitable for the following scenarios:

• Commercial contracts between companies, including NDAs, procurement documents, and sales agreements
• Consumer contracts, such as documents for opening new retail accounts

NOTE: If there is no specific legal provision allowing the use of electronic signatures in a particular situation, electronic signatures should not be used unless the parties have previously agreed in writing (with handwritten signatures) to permit their use.

There are situations where a type of electronic signature other than SES, such as a QES, is required:

• QES - actions by government authorities, municipal bodies, state enterprises, institutions, and organizations (Article 17 of the Law on Electronic Trust Services); QES - private legal entities and individuals when submitting electronic documents or reports to state authorities (Article 17 of the Law on Electronic Trust Services, Order on Exchange of Electronic Documents with Controlling Authorities dated 06 June 2017; Order on Approval of Rules on the Submission of Electronic Reporting to State Statistics Authorities dated 12 January 2011, etc.)
• QES - organizations that implement or maintain internal electronic document management (Order of the Ministry of Justice of Ukraine “On the Approval of the Rules on Management of the Electronic Documents in the Recordkeeping and Preparation for Their Transfer to Archives” dated 11 November 2014 No. 1886/5)
• QES – promissory notes (Art. 5, Law of Ukraine “On Circulation of Promissory Notes”)
• QES – transaction documents, including invoices and acts of acceptance of services
• QES - notarized documents (Article 17 of the Law on Electronic Trust Services)

Certain use cases are expressly excluded from digital or electronic processes, or require specific formalities such as handwritten (wet ink) signatures or notarization, which are generally not compatible with electronic signatures or digital transaction management.

• Handwritten - certificate of inheritance
• Handwritten - documents that, under applicable law, can only be executed in a single original (unless there is centralized storage of electronic originals) or in other cases as provided by law

[1] AES refers to an electronic signature created by cryptographically transforming the electronic data to which it relates, using advanced electronic signature tools and a personal key uniquely linked to the signatory, enabling identification of the signatory and detection of any alteration to the associated data.

[2] A QES is an AES that is generated using a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures.