Individuals may also sign contracts and declarations electronically. A contract may be signed electronically if:
- all parties choose this method, and
- the parties have a certificate issued by a trust service provider.
Trust service providers in Hungary that issue qualified electronic signatures include Microsec Zrt., Netlock Kft. and NISZ Zrt. Another foreign trust service provider known to our office is Evrotrust Technologies AD, which offers a signing option through a phone application combined with fast video identification, enabling an individual to obtain a qualified electronic signature.
There are several types of electronic signatures; however, a qualified electronic signature has the same legal effect as a handwritten signature. A qualified electronic signature is recognised as a qualified electronic signature in all other Member States of the European Union.
The management of companies may also sign electronically, provided that:
- they have an electronic certificate issued by one of the above trust service providers, and
- this is recorded in the company register.
An electronic signature with a certificate registered in the company register qualifies as the authorised corporate signature of the person entitled to sign on behalf of the company.
With regard to the second point, this requires a company registration procedure, during which the electronic certificate issued by one of the trust service providers, in .cer file format, must be submitted to the company court.
The legal effect of an electronic signature and its admissibility as evidence in court proceedings may not be denied solely on the grounds that it is in electronic form.