Let us take the definition of an electronic signature from the Act on Electronic Signature: An electronic signature is data in electronic form which, together with other data to which it is attached or with which it is logically associated, is used to identify the person signing the electronic signature. The Act also introduces the concept of a “secure electronic signature”, which is defined as follows: a secure electronic signature is an electronic signature that:
a) is assigned exclusively to the person signing,
b) is created using secure devices and data for creating an electronic signature that are under the exclusive control of the person signing,
c) is linked to the data to which it is attached in such a way that any subsequent change to that data is recognizable. We therefore have two concepts: “electronic signature” and “secure electronic signature”. It should be added that the latter, by virtue of the aforementioned Act, produces legal effects equivalent to a handwritten signature if it is verified using a qualified certificate. There is, therefore, both a technological and legal possibility to use electronic documents that have the power of traditional documents bearing a handwritten signature. This means that a person using a secure electronic signature can make declarations of intent – sign various types of documents, such as orders, decisions, contracts, as well as invoices, anywhere and at any time. Then, via the Internet, they can be sent to the recipient much faster than by traditional mail. A comparison of the costs associated with generating documents and their subsequent circulation and storage indicates significant savings when using documents in electronic form.
In summary, by legally sanctioning the electronic signature, the foundations have been created for the development of a faster and cheaper electronic economy (e-Business). Furthermore, the electronic signature is soon to facilitate contacts between citizens and businesses and the administration in the broad sense. To be able to use a secure electronic signature, one must obtain a qualified certificate and a secure device for creating an electronic signature. Qualified certificates are issued by certification centers entered, by decision of the Minister of Economy, into the register of qualified entities providing certification services related to electronic signatures.
In Poland, there are four such centers, listed in order of entry into the aforementioned register: CERTUM – General Certification Center – run by Unizeto Technologies SA, SIGILLUM – belonging to the Polish Security Printing Works (PWPW), SIGNET – maintained by TP Internet, and KIR – Krajowa Izba Rozliczeniowa SA (National Clearing House).
