According to the current civil legislation, contracts concluded in simple written form can also be signed by drawing up an electronic document, which is increasingly used in the world.
When signing an agreement between legal entities, the parties should be guided by the provisions of the Federal Law No. 63-FZ as of 06.04.2011 "On Electronic Signatures", according to which you can use:
- Simple electronic signature
- enhanced encrypted non-certified digital signature
- enhanced encrypted certified digital signature.
The choice of the type of signature lies entirely with the parties, however, keep in mind that the first two types will have legal force on the document only if the parties “manually” sign an agreement on the recognition of the force of such electronic signatures in the future.
These signatures are encrypted, and enhanced unqualified digital signature can even show what changes were made to the documents, but still the most reliable is an enhanced qualified digital signature (also EDS), which can be obtained only in a special accredited center. It is this type of signature itself that has legal force and equates the document to the signed hard copy.
For individuals this summer, the Ministry of Digital Industry of Russia has developed a new service - "Gosklyuch", which allows registered users of Gosuslugi to create electronic signatures for free through a special mobile application.
As stated by the developers, users can now download the application in a matter of minutes, register and receive an unqualified electronic signature, which will be stored in a “secure and safe infrastructure of e-government”.
Such option is available so far only for signing contracts for the provision of cellular services, but soon it is planned to expand the work of the service to other legal relationships - for the purchase and sale of cars and the conclusion of real estate lease agreements. Other transactions have not yet been announced, but probably with successful use, there will be an extension to other legal relations.
The new development became an experiment in the implementation of electronic document management and while it is planned to work in test mode for a year, so that developers can identify and eliminate possible shortcomings, as well as expand this option for companies to sign contracts.
In addition, in 2021, the Ministry of Labor launched an experiment on personnel electronic document management (KEDO) for remote employees, participation in which is voluntary. It is assumed that in case of a successful experiment, appropriate amendments to the labor legislation will be developed.
TEAM always keeps up with the time and is ready to provide qualified assistance in obtaining and using any electronic signature for you and your business!