Commercial law Qualified electronic signature vs Trusted Profile - what’s the difference and which one should you choose?

Some refer to a qualified electronic signature, others to ePUAP, a trusted profile, or a personal signature available via the mObywatel application. Although all of these tools are used to sign documents online, their application, legal effects, and scope of use differ significantly. A lack of understanding in this area may lead to serious consequences, the most important of which is the invalidity of the submitted declaration of intent.

What is an electronic signature?

The law distinguishes several types of electronic signatures, each producing different legal effects. From the perspective of conducting business activity, two solutions are of key importance: the qualified electronic signature and the signature made using a trusted profile. It is precisely between these two that misunderstandings most often arise.

Qualified electronic signature – the electronic equivalent of a handwritten signature

A qualified electronic signature is the only type of electronic signature that is legally equivalent to a handwritten signature. A document signed in this manner should be treated on an equal footing with a document signed manually.

This means that a qualified electronic signature may be safely used, among others, for:

• entering into contracts with business partners,
• submitting declarations of intent that produce legal effects (e.g. termination of employment contracts),
• signing corporate documents,
• operating in international business transactions.

A qualified electronic signature is issued for a fee by certified providers and is assigned to a specific individual, such as a member of the management board.

Trusted profile – a tool for contacts with public administration

A trusted profile is a free-of-charge solution created primarily for communication with public administration bodies. It enables the signing of documents in systems such as ePUAP or the National Court Register Portal.

It should be emphasized, however, that a signature made using a trusted profile is not equivalent to a handwritten signature. Its effectiveness is generally limited to relations with public authorities. It allows the user to confirm their identity in online contacts with public institutions.

Which solution should be chosen?

A trusted profile does not replace a qualified electronic signature in business relations and should not be used to sign contracts with business partners.

In practice, both tools may be used, but consciously and in accordance with their intended purpose. The trusted profile works well in contacts with public authorities (although the use of a qualified electronic signature is also permitted in such contacts), while the qualified electronic signature remains the primary tool for the secure and effective conclusion of contracts and submission of declarations of intent in commercial transactions.