In this module, we look at the ways in which legal acting can be electronically documented. Electronic documents can have many forms and formats. The defining element of legal relevance of any form of an electronic document is the signature. In class, we will discuss the following types of electronic signatures:

- electronic signature

- advanced electronic signature

- advanced electronic signature based on a qualified certificate

- qualified electronic signature

A simple overview of these types of electronic signatures can be found here:

The relevant legislation here is the eIDAS regulation that provides for a complex regulatory framework not only for electronic signatures as such but also for their derivates and, very importantly, for electronic identification (eID).

When lawyers speak about 'electronic signature' they mostly mean some sort of advanced electronic signature. However, the most common and most important type of electronic signature is the (simple) electronic signature which is used in many forms (e.g. as a simple button for clicking, a check-box or a simple text) in everyday transactions made through internet platforms via e-mails etc. Thus, we particularly focus in class on their applications in click-wrap, click-through or browse-wrap contracting. We also pay special attention to standards of proof that might get highly tricky with the use of electronic documents.

We also speak about practical use of other instruments offered by the eIDAS. These are used not to prove legal acting, but other legally relevant facts, namely:

- electronic seals - origin of electronic documents

- electronic time stamps - existence of electronic documents in time

- electronic registered delivery - delivery of electronic documents

Despite electronic documents are extremely important for everyday transactions, there is not much of EU-level case-law. The reasons for practical absence of EU case-law are that the particular rules of private law for legal acting differ among the member states and that the EU-level rules about authentication tools are considered mostly technical. However, we will speak about frequently present cases in national jurisdictions that might be fit for preliminary rulings of the CJEU, but, for some reason, they do not end up there.

One of very few cases that clarify the question as to whether and when an online legal acting is valid is the following dispute over a consent with processing of personal dat.

Besides the documentation of legal acting, we also discuss in class the eID. Unlike electronic signatures and other above instruments, eID is not used for authenticating legal documents. The purpose of the eID is, similarly to ID cards and other offline identity instruments, to prove the identity of a person. The idea and functioning of the eID is summarized in the following document:

Here is the presentation in Prezi: