What do we mean by ‘electronic document’?

 

Nowadays we are increasingly moving towards digitalisation, the question arises: what legal documents can be created electronically, how and where can they be used?

According to the Civil Procedure Act, a private document with full evidential value means that the electronic document authenticated by the signatory using a document authentication service, which is based on the identification service specified in the Government Decree. This so-called AVDH (which is the abbreviation in Hungarian of the process Document Authentication for Identification Purposes) is available via Client Gateway and can be used in all procedures except for some documents. It is important as well, that electronic documents exist in electronic form, so scanning does not make an originally paper-based document electronic.

The Electronic Documents Act is the law which contains rules on electronic identification and fiduciary services in line with the relevant EU regulation and specifically regulates how an electronically created document can be converted into a paper document and vica versa.

In everyday life, it is also worth mentioning that the AVDH authenticated signatures accessible via Client Gateway can be used for legal declarations made by private persons, while companies need to purchase separate electronic signatures.

Electronic documents issued by multiple persons, in particular contracts can also be signed electronically, in which case the document must be converted into a so-called ASiC file format so both parties can sign it.

The procedure may seem a little complicated at first, but once you have used it and understand how it works, it is easy to use. It has huge potential, e.g. a lease or loan contract, any kind of sale of goods between private persons can be set up by just sitting in front of a computer and using an electronic signature to sign and send to the other party.

Electronic documents not created, but it is suitable to conclude contracts between people who do not appear in person, the remote identification carried out by the attorney at law. This involves the attorney verifying the identity and signature of the signatories via video call with the help of a service acknowledged by the Hungarian Bar Association. In this case, the contracts are concluded physically, the documents need to be posted, but it has the convenience of not having to commute to the lawyer’s office in person, only the specified technical conditions required.

All in all, there are various solutions for people who do not wish to come to the lawyer’s office in person, AVDH signatures for private persons with Client Gateway, electronic signatures for companies and remote identification for any person.