eSignature Legality
in Netherlands
The Dutch Civil Code and also the Law of 21 December 2016 Act, also stated as the Implementation Act EU-Regulation electronic identification and trust services are the most important legal document within the context of electronic signatures within the Netherlands.
Identity, Integrity, and Reliability are three important conditions that provide sanctity to electronic signatures under Dutch laws. Articles 227a, 227b, and 227c, book 6 on “Contracts concluded electronically” establishes the general rule tha the requirement of an agreement made in writing being declared valid is deemed to be fulfilled if the agreement has been made electronically if:
- It is consultable by parties;
- the authenticity of the agreement is assured;
- the time of conclusion of the agreement can be determined with reliability;
- the identity of the parties are often established with sufficient certainty.
Legal sanctity of e-signatures and e-documents under Dutch Laws
Under Article 15a, book 3 of the Dutch Civil Code, an electronic signature has an equivalent legal consequence as a handwritten signature, if the tactic of signature used for the electronic signature is sufficiently reliable depending on the circumstances of each case, the basis on which it gets applied to the e-document.
In Netherlands, documents signed with a qualified electronic signature (QES) are assumed to be equivalent to a handwritten signature as evidence in court. Binding evidence implies that the content of the document is regarded as true unless the contrary is proved. The Dutch Supreme Court held a document signed with an electronic signature other than qualified electronic signature must be ‘sufficiently reliable’ for the document to be deemed as binding evidence. For the documents not classified as binding evidence, additional evidence may be required to demonstrate the authenticity of the electronic signature.
Use cases of electronic signature in The Netherlands:
- Commercial contracts are executed via electronic signatures.
- Electronic signatures used in the context of public procurement.
- Lease contracts.
- Non-exclusive patent, copyright, or other IP licenses
- Contracts related to real estate
The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.
Documents that cannot be e-signed in The Netherlands:
- Notarization - real property transfer contracts and deeds (except documents mentioned above),
- Intangible property transfers, like patent and copyright assignments (except documents mentioned above)
DISCLAIMER
Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
