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INHUBBER signature can sign any file format – Excel spreadsheets, videos, photos, but also zip folders in a GDPR compliant manner.

With the Regulation on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market of the European Union – in short: eIDAS Regulation, the exchange of digital signatures has been uniformly regulated throughout the EU since 2016. The eIDAS Regulation entered into force on 8 August 2014 through publication in the Official Journal of the EU. Businesses can benefit from the advantages of digital signatures within the EU.

The eIDAS Regulation specifies which requirements must be fulfilled technically in order for an
electronic signature to be legally secure. Only the term electronic signature is legally defined in
the eIDAS Regulation.

eIDAS recommends that companies that need a high level of security in their digital transactions and
information exchange use advanced or qualified electronic signatures. This is because it is the only
type of signature that has the same legal value as a handwritten signature.

What types of electronic signature are there?

here are 3 types of electronic signatures: the simple, the advanced and the qualified electronic signature. According to European law, the simple and the advanced signature allow the text form. A simple electronic signature can be used to sign around 80 percent of all contracts. The difference between the simple and the advanced digital signature is that with the simple signature you do not have to prove your identity. With the advanced signature, the signatory must identify and register himself and two-factor authentication is required.

A qualified signature is required for fixed-term contracts such as employment contracts and tenancy agreements, which must be made in writing according to the law. It has the same legal effect as a handwritten signature. This can be achieved with a video-ident procedure, for example.

Simple electronic signatures (EES)

Advanced electronic signatures (FES)

Integrity and authenticity are guaranteed if the requirements for FES are met. FES may not be legally rejected just because they are in electronic form. Properly implemented FES are equivalent to a traditional handwritten signature. If the validity of FES is questioned, the burden of proof lies with the signatory.

Qualified electronic signatures (QES)

A QES is an advanced electronic signature created by a “qualified signature creation device” and based on a qualified certificate for electronic signatures. The technical requirements for QES are much higher. You have to be certified as a provider. A qualified certificate can only be obtainedfrom a certification authority that is accredited as a Qualified Trust Service Provider (QTSP).

According to the eIDAS requirements, the system must ensure, among other things, that:

The QES corresponds to the written form as defined in § 126 BGB (German Civil Code) and has the same legal effect as a handwritten signature. Thus, the QES has an increased probative value in court and performs an ID verification by TSP (electronic trust services).

EU Member States are obliged to recognise the validity of a QES created with a qualified certificatefrom another Member State. Furthermore, a QES is a legal equivalent to a handwritten signature.

The Qualified Electronic Signature is only required for

Contracts that cannot be digitally signed include those that can only be signed before a notary.

Examples of these contracts are:

Two points are particularly important for this. Firstly, the agreed form clause must be presented, showing that the conclusion of the contract was requested electronically. Secondly, the contracting party must be able to show that the parties signed the contracts electronically and that the form was observed. An advanced electronic signature, as provided by INHUBBER, is always better in any case if disputes arise later.

INHUBBER signature can sign any file format – Excel spreadsheets, videos, photos, but also zip folders in a GDPR compliant manner.

With the Regulation on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market of the European Union – in short: eIDAS Regulation, the exchange of digital signatures has been uniformly regulated throughout the EU since 2016. The eIDAS Regulation entered into force on 8 August 2014 through publication in the Official Journal of the EU. Businesses can benefit from the advantages of digital signatures within the EU.

The eIDAS Regulation specifies which requirements must be fulfilled technically in order for an electronic signature to be legally secure. Only the term electronic signature is legally defined in the eIDAS Regulation. eIDAS recommends that companies that need a high level of security in their digital transactions and information exchange use advanced or qualified electronic signatures. This is because it is the only type of signature that has the same legal value as a handwritten signature.

What types of electronic signature are there?

There are 3 types of electronic signatures: the simple, the advanced and the qualified electronic signature. According to European law, the simple and the advanced signature allow the text form. A simple electronic signature can be used to sign around 80 percent of all contracts. The difference between the simple and the advanced digital signature is that with the simple signature you do not have to prove your identity. With the advanced signature, the signatory must identify and register himself and two-factor authentication is required.

A qualified signature is required for fixed-term contracts such as employment contracts and tenancy agreements, which must be made in writing according to the law. It has the same legal effect as a handwritten signature. This can be achieved with a video-ident procedure, for example.

Simple electronic signatures (EES)

Advanced electronic signatures (FES)

Integrity and authenticity are guaranteed if the requirements for FES are met. FES may not be legally rejected just because they are in electronic form. Properly implemented FES are equivalent to a traditional handwritten signature. If the validity of FES is questioned, the burden of proof lies with the signatory.

Qualified electronic signatures (QES)

A QES is an advanced electronic signature created by a “qualified signature creation device” and based on a qualified certificate for electronic signatures. The technical requirements for QES are much higher. You have to be certified as a provider. A qualified certificate can only be obtained from a certification authority that is accredited as a Qualified Trust Service Provider (QTSP).

According to the eIDAS requirements, the system must ensure, among other things, that:

The QES corresponds to the written form as defined in § 126 BGB (German Civil Code) and has the same legal effect as a handwritten signature. Thus, the QES has an increased probative value in court and performs an ID verification by TSP (electronic trust services).

EU Member States are obliged to recognise the validity of a QES created with a qualified certificate from another Member State. Furthermore, a QES is a legal equivalent to a handwritten signature.

The Qualified Electronic Signature is only required for:

Contracts that cannot be digitally signed include those that can only be signed before a notary.

Examples of these contracts are:

Which digital signature should be used for which type of contract?

Simply put, everything that is limited in time (employment contracts, tenancy agreements) or notices of termination and termination agreements cannot be signed with the simple or advanced electronic signature. All other contracts can be signed with the advanced signature.

With the INHUBBER signature, GDPR-compliant and legally secure, you can sign around 85% of all contracts.

Any contracts can be signed with the blockchain based INHUBBER signature. Contracts like:

Two-factor authentication is provided by means of a password and a security key. Unlike the competition, the INHUBBER signature can sign any file format. For example, Excel spreadsheets, videos, photos, but also complete folders such as zip folders can be signed. INHUBBER also offers the highest security level for signing contracts. The contracts themselves do not leave INHUBBER’s encrypted storage. Instead, the invited signatories receive a “key” to the repository where the contracts are located. Thus, our users always have a DSGVO-compliant secure solution when working with their contracts.

Secure, fast and simple digital contract signing with the help of blockchain technology makes everyday work easier. Regardless of the file format, blockchain technology ensures maximum auditability and transparency during the entire signature process. Sign as many contracts as you like and always keep an overview, as every contract change is documented fully automatically and stored in a tamper-proof manner.

What about the international legal validity of the digital signature?

Digital signatures are now legally recognised in many countries around the world. However, there is no internationally uniform standard as there is for the EU countries. Companies doing business internationally must therefore deal with the legislation in the individual target countries.

A distinction is usually made between generous, two-tier and restrictive legislation. This means that in some countries with very generous legislation, such as Australia and Canada, simple digital signatures enjoy the same status as handwritten signatures. In some cases, however, the parties must have agreed to the use of digital signatures in advance, in the traditional way.

In restrictive national legislations, the digital signature is subject to strict country-specific laws that often do not legally recognise simple digital signatures. In the USA, the ESIGN Act was passed to ensure the validity of electronic signatures for the whole of America. It states that a contract cannot be declared invalid because of its electronic signature.

The eIDAS regulation was designed on the basis of existing global standards for electronic signatures and regulates much more than is required internationally. Therefore, a qualified digital signature according to eIDAS is usually also recognised internationally. But in individual cases, one has to look at each country individually.

A better chance of legal certainty can also be achieved by moving the place of jurisdiction for international contracts to the state in which the requirements for concluding a contract by electronic signature are less stringent.

What do companies have to consider in order for the signature to be legally valid?

All parties involved must agree in a binding manner that they agree to use this form of signature. This is done with a form clause. This could look like this, for example: “If you proceed, you agree that both parties will execute the agreement with an electronic signature.”

It is important that all steps leading to the signature are documented and recorded. Then, if necessary, the process can be proven in a later court case.  This can be ensured with blockchain technology for transparent tracking.

How do I prove the contract in court?

Two points are particularly important for this. Firstly, the agreed form clause must be presented, showing that the conclusion of the contract was requested electronically. Secondly, the contracting party must be able to show that the parties signed the contracts electronically and that the form was observed. An advanced electronic signature, as provided by INHUBBER, is always better in any case if disputes arise later.

The digital signature saves valuable time. A digital signature shortens the time between agreeing the terms of the lease and actually signing the lease. Electronic signatures are not only a good solution, they are also an absolutely secure way to sign the contract, because the processes are 100% controlled by INHUBBER. For fixed rents, a simple or advanced digital signature is permitted. However, for contracts with staggered rents, the law requires a qualified electronic signature with an identity check. Use the digital signature when renting flats or commercial properties to private or corporate clients.

Surely you agree with us: “Print, sign and scan” is annoying and you can do it better. That’s why digital document management now replaces the stacks of paper on your desk. With INHUBBER, you can process your documents digitally in a simple and legally secure way, save resources and do something for the environment at the same time.

Today’s state of affairs with many landlords

A potential tenant is interested in a flat or a corporate client in a commercial property. The tenant makes contact and is interviewed in the next step. Then he will visit the property. In the course of the conversation, you then ask for his identity card, write down the necessary data, and refer to the fact that you will get in touch with him.

This is how the process could work in the future (digital signature rental):

A customer expresses interest in a flat and then receives a request for a self-disclosure.

The tenant receives the information in the workflow and decides whether and when viewing can take place. After a positive visit, the employee gives the contract department the order to add the contract to the customer’s digital workflow with the data previously generated by the customer. The new tenant signs digitally using his digital signature, all of which costs the tenant nothing and is digital throughout. After the signature, the accounting department receives the information to obtain the SEPA direct debit authorisation, also via the workflow, deposit regulations can be individually defined in the process. At the end of the digital process, the caretaker receives the task of handing over the flat to the tenant and sends the digital handover protocol.

The tenant can complete all of this from anywhere using a tablet that the employee presents to him or his own mobile phone, tablet, PC or Mac. Finally, the contract parts are “signed” electronically in a legally secure way, according to the valid elDAS law. This process saves you time and costs the client nothing! INHUBBER guarantees that the data cannot be changed afterwards. 

Thus, we offer you a highly secure and cloud-based solution, in a German data centre, and with the necessary security certifications. This means maximum security for your company. The sales representative has the possibility to see when and how often the customer opened the contract until he signed it. Here it could be defined that after 3 days an automatic request is sent again to sign the contract.

Inhubber can automatically recognise and highlight information from contracts, such as deadlines. You may avoid transmission errors and process costs can be greatly reduced as staff time is spent on creating, sending, tracking, merging and handling documents. This allows your staff to concentrate on what really matters: the customer and their care.

INHUBBER offers artificial intelligence for your leases

INHUBBER’s artificial intelligence can automatically recognise and highlight information from contracts, such as deadlines and termination dates. You can avoid transcription errors, if necessary, and process costs can be greatly reduced, as staff can spend time creating, sending, tracking, merging and handling documents. This allows your employees to concentrate on what is really important, the customer.

Hardware and software requirements.

New implementations often fail due to organisational hurdles, such as the installation of new software or the purchase of various hardware components. This is not necessary with our solution! Inhubber offers an immediately available solution! Whether from a mobile phone or a PC, you can start immediately.

Digital tenancy agreement another step on the way to complete, digital leasing

The digitalisation of processes in the real estate industry has made great strides in recent years and has led to faster and more convenient work processes for portfolio owners and property managers. The letting process has also already been digitalised in detail at most housing companies – but usually not across the board.

While work steps such as marketing the flat, coordinating viewing appointments and communicating with prospective tenants are often already carried out digitally, the rental contract is still concluded in the traditional way. Although the digital conclusion of the contract is the logical continuation of a digital and efficient letting process, there were legal hurdles that prevented the use of an electronic signature for the rental contract.

The handwritten signature under a rental contract is done quickly, but the contract preparation and appointment coordination tie up valuable human resources. Even for the appointment of signing the contract itself, the responsible employee has to block at least 30 minutes of his time. Some landlords are already resorting to sending contracts by post in order to minimise their workload. However, sending contracts by post also has its pitfalls.

On the one hand, there is the risk of contract revocation, as it can be a distance selling transaction. On the other hand, the process usually takes 11 to 14 days – from drafting the rental contract, to signing it with several parties, to archiving it. 

Legal hurdles

The benefits of digitally signing leases are clear, but legal problems have prevented its use so far. By law, tenancy agreements do not need to be in writing and are therefore already legally binding with a simple electronic signature. This would be the case, for example, if the contract is sent as a PDF and the tenant inserts his signature as an image. However, this simple electronic signature does not usually stand up in court as evidence.

In order to achieve a level of security comparable to that of a handwritten signature, a so-called advanced electronic signature is necessary, such as that offered by INHUBBER. This leads to a reversal of the burden of proof and, if combined with a strong identification procedure, the advanced electronic signature represents a secure means of proof.

An electronic signature can reduce the signature process to a few hours. At the same time, printing and postage costs are saved and the environment is also protected. The electronic signature offers advantages especially for landlords. Here, printing costs are eliminated and the completely digital document can be digitally archived in optimal quality without scanning.

The legally secure digital tenancy agreement with Inhubber

INHUBBER’s digital tenancy agreement signature has successfully overcome these legal hurdles and provides a legally secure electronic signature for tenancy agreements.

Ease of use

On the landlord side, top priority was given to ease of use without additional logins. As soon as all tenants have signed the contract, the authorised signatories receive an e-mail with the request to sign. The process can be started with a click from the email and also requires no identification. If desired, landlords can also set it to sign in front of the tenants. After each party has signed, the completed contract document is sent to all signatories via email link.

Integration into existing infrastructure

The digital tenancy agreement signature is set up as an independent module, so that landlords who do not use the Inhubber software or have never been in contact with it can also use the digital tenancy agreement. INHUBBER’s signature platform does not provide contract templates, but allows landlords to upload their own contracts and have them digitally signed and signed.

With Inhubber, it is now possible to digitally encrypt the leasing process end-to-end without compromising on legal security.

Secure, fast and simple digital contract signatures with the help of blockchain technology will make your everyday work easier from now on. Regardless of the file format, blockchain technology ensures maximum auditability and transparency during the entire signature process. Sign as many contracts as you like and always keep an overview, as every contract change is documented fully automatically.

Everything you need to work more effectively with contracts

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