Greece: legal requirements and validity of electronic signatures

In this guide, we explore the legal landscape, requirements, and adoption of electronic signatures in Greece.

Main laws determining the legality and binding status of electronic signatures in Greece

1. eIDAS Regulation (Regulation (EU) No 910/2014): The primary legislation governing electronic signatures in Greece is the EU Regulation No 910/2014, commonly known as eIDAS (electronic identification, authentication, and trust services). This regulation provides a uniform legal framework for electronic signatures across EU member states, including Greece. It establishes three types of electronic signatures:

• Simple electronic signature - This is the most basic form, consisting of data attached to or logically associated with other electronic data, which the signatory uses to sign.
• Advanced electronic signature - This signature is uniquely linked to the signatory, capable of identifying the signatory, created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control, and linked to the data signed therewith in such a way that any subsequent change in the data is detectable.
• Qualified electronic signature - This is an advanced electronic signature created by a qualified electronic signature creation device and based on a qualified certificate for electronic signatures. It holds the same legal value as a traditional handwritten signature.

Each type offers different levels of security and legal assurance, with qualified electronic signatures providing the highest level of legal certainty. You can find the full text of the Regulation here. 

2. Law 4727/2020: The Greek Law Law 4727/2020 further complements the eIDAS regulation by detailing national provisions and guidelines for implementing electronic signatures in Greece. It implements the EU eIDAS Regulation (Regulation (EU) No 910/2014) into Greek national law. This legislation provides a comprehensive framework for the use and legal recognition of electronic signatures in Greece, which you can find here. 

Standards and conditions for a legally binding electronic signature in Greece

For an electronic signature to be legally binding in Greece, it must meet specific standards and conditions:

1. Identification and authentication: The electronic signature must be uniquely linked to the signatory and be capable of identifying the signatory. 
2. Intent to sign: The signatory must demonstrate a clear intention to sign the document electronically.
3. Consent: All parties involved must agree to use electronic signatures for the transaction.
4. Integrity of the document: The signed document must remain unchanged after the signature is applied. Any alteration should be detectable, ensuring the document's integrity.
5. Association with the document: The electronic signature must be logically associated with the document, ensuring that any subsequent changes to the document are detectable.
6. Non-repudiation: The signature process should provide proof of signing that the signatory cannot later deny.
7. Reliability: The method used to create the electronic signature must be reliable and appropriate for the purpose for which it was generated.
8. Control: The method used to create the electronic signature must be under the sole control of the signatory.

For qualified electronic signatures, which offer the highest level of security and legal assurance, the following additional requirements must be met:

9. Use of qualified electronic signature creation devices: Qualified electronic signatures require the use of a qualified signature creation device, which is a secure tool for creating electronic signatures.
10. Qualified trust service providers (QTSPs): The signature must be issued by a certified trust service provider. 

Qualified electronic signatures which meet additional technical and legal requirements are given the same legal effect as traditional “wet ink” signatures in Greece. 

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Find out more about eSignature laws in Europe:

• Legal requirements for eSignature in Austria
• Legal requirements for eSignature in Belgium
• Legal requirements for eSignature in France
• Legal requirements for eSignature in Germany
• Legal requirements for eSignature in Gibraltar
• Legal requirements for eSignature in Ireland
• Legal requirements for eSignature in Malta
• Legal requirements for eSignature in Portugal
• Legal requirements for eSignature in Spain
• Legal requirements for eSignature in Switzerland
• Legal requirements for eSignature in the UK

Electronic signature in Greece: limitations and exceptions

While electronic signatures are widely accepted in Greece, there are some circumstances where they may not be valid:

1. Certain legal documents: Some documents, such as those related to real estate transactions or family law matters, may still require traditional signatures.
2. Government procedures: Certain official government procedures might require physical signatures or specialised electronic systems.
3. Court proceedings: Some court documents may need handwritten signatures, depending on the specific requirements of the court.
4. International transactions: When dealing with countries outside the EU, different rules may apply, potentially limiting the validity of electronic signatures.
5. Lack of authentication: If the signatory's identity cannot be verified, the signature may be deemed invalid.
6. Absence of intent: If there is no clear intent to sign, the signature may not hold legal value.
7. Altered document: If the document has been tampered with after signing, the signature's validity may be compromised.
8. Non-compliance with standards: If the electronic signature does not meet the required standards, it may not be legally binding.

Recent court decisions on electronic signature legality in Greece

As of now, there have been no landmark court decisions specifically addressing the legality of electronic signatures in Greece. However, the legal framework established by Law 4727/2020 and the eIDAS Regulation (EU Regulation No 910/2014) provides a comprehensive foundation for their use and acceptance. This framework aligns Greek law with EU standards, ensuring that electronic signatures are legally recognised and enforceable across various sectors.

Despite the absence of high-profile court cases, Greek courts have generally accepted electronic signatures in numerous proceedings, particularly in commercial and administrative cases. This acceptance reflects the legal system's acknowledgment of electronic signatures as a legitimate and reliable method for executing agreements and transactions.

As digital technologies continue to evolve, it is possible that new legal challenges will emerge, prompting further clarification and legal developments regarding electronic signatures. The future may bring industry-specific rulings and increased consumer protection, ensuring transparency and security in digital transactions.

Forthcoming legislation on electronic signatures in Greece

At present, there is no significant forthcoming legislation expected to change the landscape of electronic signatures in Greece. The existing legal framework, primarily based on the eIDAS Regulation and Law 4727/2020, is regarded as comprehensive and well-aligned with European Union standards. This framework ensures that electronic signatures are legally recognised and provides robust guidelines for their implementation across various sectors, including commercial, administrative, and public services.

Despite the current stability in the legal landscape, the rapid pace of technological advancements suggests that future amendments or new regulations may eventually be necessary. Emerging technologies such as blockchain, biometric authentication, and AI-driven identity verification might prompt legislators to revisit the existing framework to address new challenges and opportunities. This could include enhancing security measures, adapting to new digital tools, or refining standards to ensure continued compliance and effectiveness.

To stay ahead of potential changes, stakeholders—including businesses, legal professionals, and IT specialists—should remain vigilant and informed about any updates from Greek government bodies or EU authorities. Continuous monitoring of legislative developments will be crucial to ensure that organisations can swiftly adapt to any modifications and maintain compliance with the latest legal requirements. Additionally, engagement with industry forums and participation in public consultations can provide valuable insights into forthcoming legislative trends and allow stakeholders to contribute to shaping the future of electronic signature regulations in Greece.

Industry-specific standards for electronic signatures in Greece

While the general legal framework for electronic signatures applies across industries, some sectors may have specific requirements or standards:

1. Banking and finance: Financial institutions often require advanced or qualified electronic signatures for high-value transactions or sensitive documents.
2. Healthcare: Electronic signatures in healthcare must comply with strict data protection regulations, ensuring patient confidentiality.
3. Public administration: Government agencies might use specific electronic signature systems for official documents and citizen services.
4. Real estate: While some real estate transactions still require handwritten signatures, there's a growing trend towards using advanced or qualified electronic signatures for certain documents.
5. Legal services: Law firms or legal professionals may use advanced or qualified electronic signature solutions to ensure the highest level of security and legal validity
6. Insurance: The insurance industry may require specific types of electronic signatures for policy documents and claims processing.

Organisations operating in these industries should consult with regulatory bodies and legal experts to ensure compliance with any sector-specific requirements.

Adoption of electronic signatures in Greece

The adoption of electronic signatures in Greece is on the rise, driven by digital transformation and the need for efficient business processes. Key factors contributing to this growth include:

• Government initiatives: Government initiatives promoting digital services have accelerated the adoption of electronic signatures in public administration and private sectors.
• Business efficiency: Businesses are increasingly recognising the benefits of electronic signatures in reducing paperwork, saving time, and enhancing security.
• Increased digital literacy: As digital literacy improves, more individuals and businesses are embracing electronic signatures.
• Remote work: The shift towards remote work has necessitated the use of digital tools, including electronic signatures.
• EU digital single market: Greece's participation in the EU's digital single market strategy has encouraged the adoption of digital technologies, including electronic signatures.

Despite these positive trends, some challenges remain, such as:

• Cultural preferences for traditional signatures in certain contexts
• Lack of awareness about the legal validity of electronic signatures
• Technical barriers in some industries or regions

As these challenges are addressed, the adoption of electronic signatures in Greece is expected to continue growing.

Leading providers of electronic signatures in Greece

Several companies provide electronic signature solutions in Greece, offering a range of services to meet diverse business needs. Some of the leading providers include:

1. DocuSign: A global leader in electronic signature solutions.
2. Juro: A popular contract automation platform known for its user-friendly interface and robust security features, Juro is a popular choice for businesses of all sizes.
3. Adobe Sign: Part of the Adobe Document Cloud suite.
4. SignNow: Offers a user-friendly platform for electronic signatures.
5. HelloSign: A Dropbox company providing electronic signature solutions.
6. PandaDoc: Combines document creation with electronic signature capabilities.
7. RightSignature: Part of Citrix, providing a secure and reliable eSignature solution.
8. Zoho Sign: Part of the Zoho suite, providing seamless integration with other Zoho applications.

These providers offer a range of solutions catering to different business needs and compliance requirements.

FAQ: common questions about electronic signatures in Greece

Are electronic signatures legally binding in Greece?

Yes, electronic signatures are legally binding in Greece, provided they meet the requirements set out in Law 4727/2020 and the eIDAS Regulation.

Do I need a special device to create an electronic signature?

Not necessarily. Simple electronic signatures can be created using various methods, including typing your name or drawing your signature on a touchscreen. However, for advanced or qualified signatures, you may need specific software or hardware.

What is a qualified electronic signature?

A qualified electronic signature is an advanced electronic signature created using a qualified electronic signature creation device and based on a qualified certificate. It holds the same legal value as a handwritten signature.

Can I use an electronic signature for all types of documents in Greece?

While electronic signatures are widely accepted, some documents (e.g., certain real estate transactions) may still require traditional signatures. Always check specific requirements for your particular situation.

Are electronic signatures secure?

Yes, electronic signatures are secure when implemented correctly, using encryption and authentication methods to protect the signatory's identity and the document's integrity. The security of electronic signatures varies depending on the type used. Qualified electronic signatures offer the highest level of security and are considered as legally valid as handwritten signatures.

How can I verify the authenticity of an electronic signature?

The authenticity of an electronic signature can be verified through digital certificates issued by qualified trust service providers. These certificates ensure the signatory's identity and the integrity of the signed document.

Is there a difference between electronic signatures and digital signatures?

Yes, while all digital signatures are electronic signatures, not all electronic signatures are digital. Digital signatures are a type of electronic signature that uses cryptographic techniques to provide enhanced security and authenticity.

Can I use an electronic signature created in Greece in other EU countries?

Yes, under the eIDAS Regulation, electronic signatures created in one EU member state are recognised across all EU countries.

Can I use electronic signatures for international transactions?

Yes, electronic signatures are recognised across EU member states under the eIDAS regulation, facilitating cross-border transactions. However, it's essential to verify the acceptance of electronic signatures in non-EU countries.

What should I do if an electronic signature is not accepted?

If an electronic signature is not accepted, ensure it meets the required standards and conditions. Consult legal experts or use qualified trust service providers to ensure compliance.

How can I choose the right electronic signature provider in Greece?

Consider factors such as security features, ease of use, compliance with industry standards, integration capabilities, and customer support when choosing an electronic signature provider.

Who are the leading providers of electronic signatures in Greece?

Leading providers include Juro, DocuSign, and Adobe Sign, among others.

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Electronic signatures have transformed the way businesses and individuals in Greece conduct transactions, offering a secure, efficient, and legally recognised method of signing documents. With a robust legal framework in place, electronic signatures are set to play a pivotal role in Greece's digital future. As adoption continues to grow, electronic signatures will become an increasingly integral part of Greece's business landscape.

Juro is not a law firm and this article should not be relied on as legal advice.