The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
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The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
With the swift advancement of technology, there is a growing need for modern methods to verify signatures on documents, leading to a surge in interest in the use of electronic signatures. These digital techniques offer quick and eco-friendly ways to sign documents, reducing paper usage and speeding up transactions.
When adopting eSignatures, whether in Malta or globally, it is vital to select a service that adheres to Maltese legal standards, specifically the E-Commerce Act – updated in 2021 – and the E.U. Regulation 910/2014. These laws give electronic signatures the same legal validity as their handwritten counterparts. Still, it’s worth noting that certain documents might necessitate a wet ink signature, and these legal requirements can differ from place to place. The prevailing laws detail the criteria needed to establish the legitimacy of an electronic signature. BoldSign offers security measures that comply with these legal and security norms.
Electronic signatures are widely acknowledged for their considerable advantages. However, adhering to the legal framework, ensuring security, and opt for a user-friendly service to incorporate them seamlessly within the Maltese framework is essential.
In Malta, electronic signatures are governed by specific regulations, which define an eSignature as a digital mark consisting of characters, letters, numbers, or symbols linked to an electronic document, and they are considered legally effective. For an electronic signature to validate most documents, it must be demonstrably associated with the signer and safeguarded against alterations or fraudulent activities. Additionally, the signer must explicitly indicate their willingness to be bound by the document’s content. Fulfilling these conditions grants electronic signatures the same legal significance as traditional handwritten signatures.
An electronic signature encompasses a variety of digital forms attached to an electronic document or procedure. These forms can be:
Operations entailing the use of electronic signatures within Malta are regulated by the:
As a rule, the regulation deems electronic signatures legal in the completion of transactions. Electronic signatures under the regulation are categorised into three categories3:
Standard Electronic Signature is explained to be electronic data attached to or logically associated with an electronic document and ensures the authenticity of the electronic document and confirms the identity of the signatory.
Advanced Electronic Signature is explained as an electronic signature meeting a set of requirements set out in Article 264 of the eIDAS such as:
An advanced electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods only the signer can access, like a private key and confidential info, to verify their identity.
The person using the advanced electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent signature forgery.
The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a Personal Identification Number (PIN), an email address or even a company registration number.
It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s I.P. address, timestamps of key signing events, and location, providing proof of identity, timing, and signature place.
Qualified Electronic Signature is an advanced electronic signature that is generated using a certified device for creating electronic signatures and relies on an accredited certificate specific to electronic signatures. Article 32 sets out a validation set of standards to be met by the one for a qualified Electronic Signature. These are:
Under the Maltese E-Commerce Act [as amended in 2021] and E.U. Regulation 910/2014
| Type of Signature | Unique Features | Legal Validity |
|---|---|---|
| Standard Electronic Signature |
|
|
| Advanced Electronic Signature |
|
|
| Qualified Electronic Signature |
|
In Malta and across all jurisdictions |
The use of electronic signatures for concluding transactions is not uniformly recognised as legally valid. As a result, certain types of transactions and applications are appropriate for electronic signatures, while others are not. An examination of this issue is presented below, along with a concise table outlining the relevant transactions.
Electronic signatures can be employed to affix signatures and provide countersignatures on array of
documents, such as:
Under Article 25 of the eIDAS6 , Qualified electronic signatures are deemed to bear the same legal validity granted to wet-ink signatures as such the following can only be signed in either wet ink signature or qualified electronic signature.
Exempted transactions
Electronic signatures aren’t valid, and as such, certain documents are exempted from the use of electronic signatures. Such transactions are12:
| Permissible transactions | Exempted transactions | |
|---|---|---|
| Any type of eSignature | Qualified electronic signature |
|
|
|
|
To ensure the authenticity of an eSignature, it’s advisable to follow these best practices in addition to complying with all applicable legal requirements:
The following elements of compliance available within BoldSign can be used to comply with Maltese
eSignature laws:
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to the information or the product, whether express, implied, statutory or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations and warranties, whether express, implied or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy or currentness of this information.
Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys’ accountants or agents will not have any liability in any form.
1Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market
and repealing Directive 1999/93/EC – https://eur-lex.europa.eu/eli/reg/2014/910/oj
2 Electronic Commerce Act Cap 426. (Leġiżlazzjoni Malta (Legislation.Mt))
3Ibid Art. 2 as read with Regulation (EU) No 910/2014 on electronic identification and trust services for electronic
transactions in the internal market and repealing Directive 1999/93/EC – Art. 3 (10)-(12) – https://eurlex.europa.eu/eli/reg/2014/910/oj
4
Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market
and repealing Directive 1999/93/EC – .art.3(11) and 26 – https://eur-lex.europa.eu/eli/reg/2014/910/oj
5
Ibid Art. 3(12) & 32
6
Regulation (Eu) No 910/2014 of the European Parliament and of the Council, S. 4, Art. 25 [ https://eurlex.europa.eu/eli/reg/2014/910/oj ]
7
Patent and Design Act Cap 417 S.31 (untitled (gov.mt) )
8
Ibid S.35
9
Ibid S. 44(4)
10
Ibid 46 (1) & (2)
11
Patent and Design Act Cap 417 S.81 (3) (untitled (gov.mt) )
12
E-Commerce Act [as amended in 2021] Cap 426 of 2002 S. 4 schedule 5 (https://legislation.mt/eli/cap/426/eng/pdf )
13
Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market
and repealing Directive 1999/93/EC – https://eur-lex.europa.eu/eli/reg/2014/910/oj