Bezpečnostné riziká spojené s elektronickým podpisovaním - legislatívne návrhy

Zoznam sprísnených úkonov, ktoré nemôžeš podpísať elektronickým podpisom @MarekK

Napríklad v Estónsku zápis a prevod nehnuteľností trvá 65 dní a zverejňuje sa vo vestníku, prevod nehnuteľnosti musíč vlastnoručne podpísať :slight_smile:

Nikto v Európe nemá právnu úpravu, ktorú máme my.

Česká republika

Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.

Handwritten - agreements on purchase or transfer of real estate (Section 560 of the Civil Code in connection with Section 62 (1) of Regulation No. 357/2013 Coll., on Cadastre Register, as amended)
Handwritten - mortgage agreements with respect to real estate registered in the Cadastre Register (Section 560 of the Civil Code in connection with Section 62 (1) of Regulation No. 357/2013 Coll., on Cadastre Register, as amended)
Formal notarization - certain contracts governed by family law, such as contract on matrimonial property regime (including so called prenuptial contracts) (Section 716 of the Civil Code)
Formal notarization - certain contracts on pledge of movables, contracts on pledge of enterprise and mortgage contracts with respect to real estate not registered in the Cadastre Register (Section 1314 (2) of the Civil Code)
Formal notarization - certain instruments of inheritance law such as inheritance contracts (Section 1582 (2) of the Civil Code), inheritance sales (Section 1714 (3) of the Civil Code), renunciation of succession right (Section 1484 of the Civil Code), contract of inheritance alienation (Section 1714 of the Civil Code), selection of an administrator of the decedent’s estate (Sec. 1556 of the Civil Code)
Formal notarization - certain instruments of corporate law such as Memorandum of Association/Foundation Deed of a limited liability company and a joint stock company (Section 8 (1) of Act No. 90/2012 Coll., on Business Corporations and Cooperatives, as amended)
Formal notarization - certain instruments relating to foundations/endowment funds, such as foundation deed of an foundation (Section 309 of the Civil Code), contract on merger by acquisition of a foundation (Section 383 of the Civil Code), decision to change the legal form of a foundation to an endowment fund (Section 391 of the Civil Code)
Formal notarization - articles of association of unit owners (Section 1200 of the Civil Code)
Formal notarization - legal act of an individual who cannot read and write (subject to certain exceptions) (Section 563 of the Civil Code)
Formal notarization - personal declaration of a member of a family enterprise waiving his/her right to a share in its profits (Section 701 of the Civil Code)
Formal notarization - by-laws of a trust (Section 1452 of the Civil Code)
Contracts on marriage property regime
Inheritance contracts and inheritance sales
Memorandum of Association/Foundation Deed of a limited liability company and a joint stock company

Estónsko

Use Cases That Are Not Appropriate For Electronic Signatures
Use cases that are specifically barred from digital or electronic processes or that explicitly require handwritten (e.g. wet ink) signatures or formal notarial process.

Formal notarization - certain minutes of shareholder meetings, e.g., when decisions are passed regarding election of management or supervisory board members or takeover of minority shareholding (Commercial Code Art. 174 Sect. 4.1 and 6 and Art. 304 Sect. 7 and Art. 305 Sect. 1 and Art. 363.7 Sect. 2)
Formal notarization - consent of a trademark owner for use of trademark in a business name (Commercial Code Art. 12 Sect. 3)
Formal notarization - applications submitted to certain public registers such as Commercial Register or Land Register and power of attorneys issued for signing of such applications (Commercial Code Art. 32.1 Sect. 1; Land Register Act Art. 34 Sect. 2.1)
Formal notarization - foundation agreement or foundation resolution of a limited liability company, merger and division agreements of limited liability companies, as well as power of attorneys issued for signing of the said documents (Commercial Code Art. 32.1 Sect. 2)
Formal notarization - transfer or pledge agreements of shares of private limited liability companies provided that the shares are not registered in the Central Register of Securities (Commercial Code Art. 149 Sect. 4, Art. 151 Sect. 2)
Formal notarization - transactions with real property (Law of Property Act Art. 64.1, Art. 119 Sect. 1, Art. 120 Sect. 1)
Formal notarization - inheritance agreements (Inheritance Law Act Art. 100)
Formal notarization - marital property contracts (Family Law Act Art. 60)
Formal notarization - maintenance contracts between dependents and maintenance providers (Law of Obligations Act Art. 573)
Formal notarization - trademark pledge agreements (Trademark Act Art. 50.6 Sect. 2)

Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.

Poľsko

Handwritten – intellectual property transfers, including industry property laws such as the right to obtain a patent for an invention, protection for a utility model, and a right in registration of an industrial design (art. 12 § 2 of the Industrial Property Law) and copyrights (art. 53 of the Copyright Act)
Notarization - real property transactions (art. 158 of the Civil Code)
Handwritten or notarization - depending on the subject of the security
Handwritten or notarization - family law documents, such as wills, marriage contracts (art. 1 Polish Family and Guardianship Code), inheritance contracts (art. 950, art. 981 (1)) and (art. 1037 para. 2 Civil Code), contracts waiving inheritance (art. 1048/1049/1050 Civil Code), and inheritance sales (art. 1052 para 3 Civil Code)
Notarization - articles of incorporation for certain entities, including limited partnership (art. 106), partnership limited by shares (art. 131), limited liability company (art. 157 § 2) and joint-stock company (art. 301 § 2 of the Commercial Companies Code)
Notarization - assignment of shares or transfer or lease of an enterprise or the establishment of usufruct on it (art. 75 (1) Civil Code).
Handwritten - corporate shareholder resolutions
Handwritten - appointment and removal of corporate officers and directors
Handwritten - all decisions issued by the (government) administration (art. 14 of the Administrative Procedure Code)

Nemecko

Notarization - contracts to purchase or transfer real property (Sec. 311b para. 1 German Civil Code)
Handwritten - contracts of surety (Sec. 766 para. 1 sent. 2 German Civil Code)
Handwritten – standalone promise to fulfill an obligation (Sec. 780 sent. 2 German Civil Code)
Notarization - domestic/family related acts, including marriage contracts (Sec. 1410 German Civil Code)
Notarization - contracts of inheritance, contracts waiving inheritance (Sec. 2348 German Civil Code), inheritance sales (Sec. 2371 German Civil Code)
Handwritten - acknowledgement of debt (Sec. 781 sent 2 German Civil Code)
Handwritten - certain HR documents, such as termination notices (Sec. 623 German Civil Code) or agreements for lending employees or employment contracts that are limited in duration
Handwritten - reference letter regarding performance under a service contract (Sec. 630 sent. 1 German Civil Code provides for a statutory entitlement for employees)
Notarization - articles of incorporation of a company with limited liability (Sec. 2 para. 1 and Sec. 15 para. 3 Act on Limited Liability Companies)
Notarization - assignment of shares of a company with limited liability (Sec. 2 para. 1 and Sec. 15 para. 3 Act on Limited Liability Companies)

Francúzsko

Handwritten and paper - family related acts, including wedding contracts, acts of adoption, acts related to inheritance law
Paper - private deeds governed by family law and the law of succession (article 1175 FCC)
Paper - private deeds related to real or personal surety of a civil or commercial nature except those entered into by a person for their professional needs (article 1175 FCC)
Notarization - contracts of commercial lease exceeding 12 years, as well as any transaction subject to publication of landed property (article 4, Decree no. 55-22 and article 28, Decree no. 71-941)
Notarization - contracts to purchase or transfer real property (article 4, Decree no. 55-22 and article 28, Decree no. 71-941)
Notarization - contracts of mortgage (article 2416 FCC)
Handwritten and paper - human resource benefits agreements (article D2231-2 French Labour Code)
Formal notice via a registered letter with acknowledgement of receipt - termination of employment agreement (article L1232-6 French Labour Code)
Formal notice by a judicial officer (in French, “signification”) or deposit of the assignment to the corporation’s seat with an acknowledgement of deposit -assignments of shares relating to some types of corporations (article L221-14, L222-2, L223-17 French Commercial Code)

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