KEP vs. UEP: Key Differences and Legal Changes
This article from Deals clarifies the distinctions between KEP and UEP and highlights significant legislative changes impacting businesses.
An electronic signature is a unique set of cryptographically encrypted data that identifies an individual. In Ukraine, two main types are distinguished: an advanced electronic signature (UEP) and a qualified electronic signature (KEP). Their key difference lies in the level of security and storage method. A detailed overview of this topic was published on the Deals portal.
Qualified Electronic Signature (KEP) is characterized by a high level of security. It is based on a qualified public key certificate and is stored exclusively on a secure device known as a token. Obtaining a KEP requires in-person offline identification. In contrast, Advanced Electronic Signature (UEP) has a lower level of security, as it can be stored on non-secure media, such as a computer file or a standard USB drive. However, UEP still ensures the identification of the signatory and allows for the detection of data integrity violations.
Legislation regarding the use of KEP and UEP is constantly evolving. During martial law and for six months after its termination, ordinary advanced electronic signatures (UEP) are permitted for use instead of KEP. Furthermore, draft laws No. 6085 and 6086 are under consideration by the Verkhovna Rada, aiming to allow the permanent use of UEP. This could significantly simplify foreign economic relations, particularly with international counterparties using international electronic document management platforms that generate UEP (e.g., Docusign).
Why This Matters for Ukrainian Businesses and the Intecracy Group Audience
- Legal Certainty and Compliance: Understanding the differences helps businesses ensure the proper legal validity of documents and compliance with legal requirements, especially concerning public services and reporting.
- Document Management Security and Flexibility: Knowledge of KEP and UEP security levels allows companies to choose the optimal signature type for various documents, balancing security with ease of use.
- Streamlining International Interactions: Anticipated legislative changes regarding the permanent use of UEP can greatly simplify foreign economic activities, enabling easier integration with foreign electronic document management platforms.
You can check the type of your electronic signature (KEP or UEP) on the website of the Central Certification Authority (CCA) by uploading a signed document and examining the fields “Type of Private Key Holder” and “Signature Type.”
Source: Deals