Handwritten and qualified signature: what works when and how they complement each other

According to a 2023 legal opinion by Gałecki and Associates, a SignSafe handwritten signature and a qualified electronic signature are equivalent in effect: both preserve written form. A handwritten signature is not an "electronic signature" under eIDAS; where the electronic form of Art. 78¹ of the Polish Civil Code is required, we can connect a qualified signature in SignSafe, and a notarial deed is not possible. SignSafe is a tool for document workflow and collecting signatures and does not compete with the qualified signature. This summarises the opinion and is not legal advice.

According to a legal opinion by the law firm Gałecki and Associates dated 21 August 2023, a handwritten signature made in SignSafe and a qualified electronic signature are equivalent in effect: both preserve written form. They differ in nature and use, and in practice they complement each other: SignSafe does not compete with the qualified signature, it lets you collect a signature from anyone with a phone and internet. This summarises the opinion and is not legal advice; the examples refer to Polish law. Full text: legal opinion (PDF, in Polish).

What is a handwritten signature on a digital document?

It is the same signature you make on paper, only with a finger on a smartphone or tablet screen, on a PDF file. In SignSafe the signer does not register and does not install an app; they open the document in a browser. According to the opinion, it is a handwritten signature (a biometric handwritten signature), and a declaration of intent signed in the app meets the written form requirement (Art. 78 of the Polish Civil Code, CC). If the signature failed the handwritten-signature test, the declaration is valid in documentary form (Art. 77² CC).

What is a qualified signature?

It is a type of electronic signature obtained from a qualified trust service provider, with effects defined in law. It is not a picture of your handwriting but a cryptographic mechanism. A SignSafe handwritten signature is not a qualified electronic signature, but when you need one, we can connect a qualified signature in SignSafe.

What about eIDAS?

According to the opinion, a handwritten signature on a touch screen is not an “electronic signature” within the meaning of the eIDAS Regulation, so eIDAS standards do not apply to it. That is why we do not call it an “eIDAS signature”. Its legal effect comes from the Civil Code rules on written form, not from eIDAS.

What works when

• Nature. Handwritten: your own signature recorded on a screen. Qualified: an electronic mechanism issued by a trust service provider.
• Effect. In both cases written form is preserved.
• Availability. Everyone has a handwritten signature. A qualified one has to be obtained from a provider beforehand, so it works best where every participant already has one.
• Convenience for the recipient. With a handwritten signature the recipient needs only a phone or computer. With a qualified one they need their own signature.
• Scope. A handwritten signature does not replace the electronic form of Art. 78¹ CC (which requires a qualified signature, and we can connect one in SignSafe) or a notarial deed (not possible in SignSafe).

How they complement each other

A handwritten signature is practical wherever written or documentary form is enough: contracts, consents, orders, handover protocols, offers, and documents for people who have no e-signature of their own (customers, employees, contractors). A qualified signature works when the law requires the electronic form of Art. 78¹ CC or expressly a qualified signature, or when the other party insists; we can connect a qualified signature in SignSafe. A notarial deed needs its special form and is not possible in SignSafe. If you are unsure, ask a lawyer before sending the document.

How is a handwritten signature verified?

Verification is the job of a handwriting expert:

1. The disputed document and specimens of the person’s signature are collected.
2. The expert compares the graphic features of the signature.
3. The expert writes an opinion, which the court or the parties assess.

According to the opinion of Pracownia Grafologiczna (a forensic document and handwriting examiner) dated 29 August 2024, SignSafe signatures allow forensic comparative examination of handwriting. Such an examination ends with non-categorical indicative conclusions and with non-categorical and categorical elimination conclusions. The court assesses them freely, like any other evidence.

What are the limits of verification?

The expert notes that some motor features, such as pressure and writing speed, cannot be verified. The expert also recommends full-form, legible signatures with first name and surname, which is worth putting in your instructions for signers. Download: handwriting expert opinion (PDF, in Polish).

Can you use both?

Yes. Use handwritten signatures for acts where written or documentary form is enough, and keep a qualified signature for acts where it is required; we can connect one in SignSafe. The other side then does not need an e-signature to handle a typical matter.

Questions worth asking

1. Does a rule, a contract or the other party require the electronic form of Art. 78¹ CC or a qualified signature?
2. Does each person whose signature I need have their own qualified signature and know how to use it?
3. How important is the document, and how big would the risk of a dispute over authenticity be?
4. How fast do I need the signature, and does the recipient have a computer at hand, or only a phone?

If the answer to the first question is “yes”, the choice is simple. If “no”, a handwritten signature on a screen usually works better, especially for people outside your company, foreigners and older people: a phone, internet, a finger and about a minute.

What the opinions do not settle

The opinions do not decide the outcome of any particular dispute. The expert findings and legal opinions support the solution but do not replace a court’s assessment. For documents of special importance, add your own safeguards: confirmation of the recipient’s data and keeping a record of sending and signing.

What next

• See how a handwritten signature online works.
• Learn about legal basis and security.
• Check how to sign contracts online.
• Ask about your case: contact us.