Electronical Legal Transaction : Analysis with emphasis on the use of electronic signature and of electronic seal under the EU law and the laws of Czech Republic and Germany
Abstract
This monograph provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons.
The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law.
The voluminous Chapter 6 focuses on the new EU Regulation (eIDAS), and specifically on its part denoted as trust services, which covers notions and concepts derived from electronic signature. Chapter 7 briefly describes eIDAS implementation in the Germany.
Chapter 8 comprises an overview of similar implementation of the eIDAS in theCzech Republic. Chapter 9 deals with certain options for legal acts executed with an electronic signature under the laws of the Czech Republic.
Chapter 10 provides a basic summary of the options for private electronic legal transactions made by a juristic person under the Czech legislation. The conclusion (Chapter 11) summarizes the multiple shortages and gaps found either in the Regulation or in the national implementation and provides specific suggestions for supplementation of the current regulatory status.