It is completely wrong to wait for a supreme court ruling. This statement would mean that the interested party would have to wait forever. Judicial jurisdiction as to whether a written expert is in a position to compare signatures is not to be expected. It is the written expert and not the law that decides whether a signatory can be identified by electronic means or not.
Recommendations which say that the evidence of a simple electronic signature should not be used at all due to an expected supreme court ruling are damaging to business.
There are no statements that statutory provisions prevent the use of simple and advanced electronic signatures for the production of evidence in the case of electronic documents (taking into account the formal requirements of ยง 126a of the German Civil Code). In this sense, these possibilities should be used in the course of process optimisation.
Must a surpreme court ruling be awaited? Print
Modified on: Tue, 15 Sep, 2020 at 4:14 PM
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