Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?
Yes, the Ministry of Interior of the Czech Republic maintains a list of qualified trust service providers authorized to issue qualified certificate for electronic signature in accordance with the eIDAS regulation.
Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.
TSA states that in general dealings between two private subjects any type of electronic signature may be used. Parties to a contract may agree to require a “higher” type of an electronic signature than required by the law.
Most contracts can thus be concluded using any type of electronic signature. Electronic signatures cannot be used for legal acts for which formal notarization is required (e.g. inheritance contract).
What is the legality of e-signatures in your jurisdiction? Are there key exceptions?
The eIDAS regulation recognizes three classes of E-signatures: the qualified, the advanced and a (simple) electronic signature.
TSA also recognizes a fourth, national law-specific class, the recognized E-signature. The recognized E-signature is defined as an advanced electronic signature based on a qualified certificate for electronic signature or a qualified electronic signature.
The recognized E-signature is required to act vis-Ã -vis the Czech public authorities.
What is the e-signature law enforceable in your jurisdiction?
The main regulation on E-signatures in the Czech Republic is the Regulation No 910/2014 of the European Parliament and of the Council from 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (“eIDAS”).
The Czech national law for implementation and adaptation of eIDAS regulation is the Act No. 297/2016 Coll., on trust services for electronic transactions (the “Trust Services Act” or “TSA”).