Electronic Signature in Human Resources - Advice for National and International Use

When using the eIDAS instruments - such as certificates for electronic signatures and seals - there are often misunderstandings about which procedures must be used or are recommended for which processes. There are major differences here within the EU, as the eIDAS Regulation, according to Art. 2 (3), leaves national law or Union law unaffected for the conclusion and validity of contracts or other legal or procedural formalities. 

Klaus Fellner and Jörg Lenz highlight what this means in practice for the use of electronic signatures and seals on the basis of transactions in the human resources sector at national and international level. Among other things, they address the fact that the choice of the required type of signature depends not only on the type of document (e.g. employment contract) but also on its content (e.g. fixed-term contracts, non-competition agreements). They also renew their appeal to the German government to reduce over-regulation. Unfortunately, there are some cases where German law explicitly excludes electronic form and where the way should be paved for the qualified electronic signature by 2023 if possible.