What is an electronic signature with a one-time identifier

According to Art. 12 of the Law "On Electronic Commerce" , if in accordance with the act of civil legislation or by agreement of the parties, the electronic transaction must be signed by the parties, the moment of its signing is the use of:

• electronic signature or electronic digital signature in accordance with the Law of Ukraine "On Electronic Digital Signature" , provided that all parties to the electronic transaction use the means of electronic digital signature;
• electronic signature with a one-time identifier defined by this Law;
• an analogue of a handwritten signature (a facsimile reproduction of a signature using mechanical or other copying means, another analogue of a handwritten signature) by written agreement of the parties, which must contain samples of relevant analogues of handwritten signatures.

At the same time, an electronic signature with a one-time identifier is data in electronic form in the form of an alphanumeric sequence, which is added to other electronic data by the person who accepted the proposal (offer) to conclude an electronic contract, and is sent to the other party to this contract ( Article 1 of the Law on Electronic Commerce " ).

In simple words, it is a password that comes to you on the phone or in e-mail, with the help of which you get access to some resource, that is, you sign an electronic transaction.

What other legal grounds are there for signing documents with a one-time identifier

If an electronic signature with a one-time identifier is used when signing electronic transactions, then the concept of electronic transactions (electronic contract) must be understood.

An electronic contract is an agreement between two or more parties, aimed at establishing, changing or terminating civil rights and obligations and executed in electronic form ( Article 1 of the Law on Electronic Commerce ).

Also, it is obvious that the Civil Code of Ukraine and the Economic Code of Ukraine apply to these legal relations.

A contract is an agreement between two or more parties aimed at establishing, changing or terminating civil rights and obligations ( Article 626 of the Civil Code of Ukraine ).

If the parties agreed to enter into a contract using information and communication systems, it is considered to be concluded in writing ( Article 639 of the Civil Code of Ukraine ).

Therefore, an electronic contract signed with an electronic one-time identifier is considered concluded in writing from the moment of its signing, i.e. entering the alphanumeric sequence of data (password). You hereby accept the offer to enter into a contract and agree to its terms. At the same time, such an agreement is considered concluded if the parties have reached an agreement on the essential terms of the agreement.

Essential terms of the contract concluded with the help of an electronic signature with a one-time identifier

The answer to this question lies in the general norms of the Civil Code regarding the contract.

According to Art. 638 of the Civil Code of Ukraine, the contract is concluded if the parties have reached agreement on all essential terms of the contract. The essential terms of the contract are the terms of:

• scope of the contract
• conditions defined by law as essential or necessary for contracts of this type
• as well as all those conditions on which, at the request of at least one of the parties, an agreement must be reached.

Offer your customers to sign documents with a one-time identifier and you will receive:

1. arranged signed legally significant documents from your clients, for example, consent to the processing of personal data, acceptance of the terms of providing your services, etc.
2. ordered customer register
3. access and the ability to work with documents anywhere and at any time
4. the possibility of losing documents is excluded
5. Your managers will spend less time on processing documentation with the client

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