Qualified Electronic Signature: Legal Aspects and Key Protection

The use of a Qualified Electronic Signature (QES), an advanced type of electronic signature, is an integral part of modern electronic document management in Ukraine. The legal framework for its application is governed by the Laws of Ukraine “On Electronic Documents and Electronic Document Management” and “On Electronic Digital Signature” (which will be replaced by the Law “On Electronic Trust Services”). Recently, the publication Deals published an article that details the legal aspects of using QES.

According to current legislation, a QES is equivalent to a handwritten signature, provided that an enhanced certificate of the key is used, it is valid at the time of signing, and the private key corresponds to the public key. A key requirement is to keep the private QES key confidential, prohibiting its transfer to others. This ensures the legal integrity and non-repudiation of electronic transactions.

Special attention is paid to secure media for private keys. These are hardware and software tools that protect keys from unauthorized access and copying. The use of secure media is mandatory for state authorities, local self-government bodies, state enterprises, as well as registrars and notaries. These requirements are aimed at increasing the level of security and trust in electronic operations.

Why is this important for Ukrainian businesses?

• Ensuring Legal Compliance: Understanding the legal requirements for QES helps businesses avoid risks and ensure the legitimacy of electronic documents.
• Enhancing Data Security: Using secure media and adhering to key storage rules minimizes threats of signature compromise and fraud.
• Optimizing Business Processes: Efficient and secure application of QES accelerates document flow, simplifies interaction with government bodies and partners, contributing to digitalization.

Source: Deals

Source: Deals