Electronic Digitale Signature – legally secure!

Did you know that you may not send an invoice simply just by email? Did you kow that you may even have to pay the input tax that you have been refunded back to the tax office?

 

Since 2002, electronically dispatched invoices for the VAT deduction are recognized, however they have to be provided with a qualified digital signature. It is differentiated whether the invoice is to be sent within Germany or the European Union. Naturally Easyonline UG offers you both possibilities of the signatures.

 

An electronic digital signature serves the purpose to be able to make legally binding declarations by electronic means. A normal email does not meet the requirements set for such communication by far. The receiver of an email cannot be sure that the message actually comes from the alleged sender. Further, it cannot be excluded that the message was changed during the transfer without knowledge of the sender. The electronic digital signature solves both problems. Thus, it is possible to dispatch emails, which in many cases are just as legally binding as a individually signed letters.

 

When is an Electronic Digital Signature legally binding?

 

This is the crucial question, for which the answer is from greatest importance for the practical benefit of the digital signature. The conditions, which a digital signature must fulfill for this purpose, are determined in the “Digital Signature Act”. In this Act, the requirements are specified, which a digital signature must fulfill. However it does not make any statement as to in which cases a message with digital signature can substitute a classic letter, this is determined in the framework law modifying formal requirements. The substantial predicate of the framework law modifying formal requirements reads that a digital signature is obligatory whenever this is not expressly legally excluded in exceptional cases. An example of such an exception is the notice of an employment contract, for which still the written form is required. However for most everyday businesses, the digital signature can be used, e.g. contracts can be concluded in such a way. The digital signature is also suitable for binding declarations towards authorities and tribunals.

 

Electronic Signature vs. Digital Signature

 

In the legal texts, instead of digital signature, the term Electronic Signature is always used. But there is a simple reason: The legislator prescribes only, which criteria a signature has to meet in order be binding and accredited. It does not make any statement on how that is to be implemented technically. Thus, the term electronic signature is a legal term. The term digital signature defines a technical procedure. Since the state of the art of the digital signature fulfills the requirements of an electronic signature, both terms are often used as synonyms.

 

Look closely

 

The so far discussed legally binding effect is, strictly speaking, valid for the strongest variation of the electronic signature, the so-called “Qualified Electronic Signature “. The law recognizes some still weaker forms of the signature, which have only little significance due to the limited legal effect. Thus, for example a scanned handwritten signature, which is attached to an email, is classified as “simple electronic signature”. There is no real benefit herein. A digital signature should always meet the requirements of the qualified electronic signature in order to be really of any benefits!

 

In your personal Online-Office you can equip your invoice directly with the legally valid signature and send it right away.

 

With Easyonline UG you are on the safe side – register now for free.

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