As a full member state of the European Union (EU), the Slovak Republic’s legal framework for electronic signatures and trust services is directly and primarily governed by the Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation). This regulation is immediately applicable across Slovakia, ensuring the highest level of trust and cross-border recognition within the EU and the wider European Economic Area (EEA).
Slovakia has been a regional pioneer in adopting digital government services, largely thanks to its national Electronic Identification Card (eObčiansky preukaz or eID), which contains the hardware necessary to create a Qualified Electronic Signature (QES). The strategic focus is on the principle of functional equivalence: a legal principle establishing that an electronic document executed with a QES has the identical legal force as a paper document signed with a traditional handwritten signature.
This robust legal alignment promotes efficiency, facilitates paperless commerce, and is mandatory for nearly all interactions with the Slovak public administration, establishing a secure digital ecosystem for both citizens and businesses.
1. Legal Framework and Core Principles
The legal framework is bifurcated, comprising the directly applicable EU Regulation and the national legislation that implements and specifies the procedural details.
A. Foundational Legal Framework
i. eIDAS Regulation (Regulation (EU) No 910/2014): This is the supreme legislative act. It defines the technical requirements, the three tiers of electronic signatures, the process for accrediting Trust Service Providers (TSPs), and guarantees the cross-border recognition of QES across all EU member states.
ii. Act No. 272/2016 Coll. on Trust Services for Electronic Transactions in the Internal Market (The Slovak Trust Services Act): This national legislation complements eIDAS by specifying the roles of domestic authorities, defining penalties, and detailing the procedures for the issuance and management of qualified certificates within Slovakia.
B. Foundational Legal Principles
The Slovak legal framework is built on two core eIDAS principles:
i. Principle of Non-Discrimination: An electronic signature cannot be denied legal effect or admissibility as evidence in legal proceedings solely because it is in an electronic form.
ii. Principle of Legal Equivalence (QES): The Qualified Electronic Signature (QES) is the only electronic signature type that is legally equivalent to a handwritten signature. It is the mandatory standard for documents where the law requires the “written form.”
C. The Three Tiers of Electronic Signatures (as per eIDAS)
The Slovak legal system fully adopts the three-tiered hierarchy, ensuring the legal effect is proportional to the security level.
a. Simple Electronic Signature (SES)
● Definition: Any data in electronic form attached to or logically associated with other electronic data that serves as authentication.
● Examples in Practice: Typing a name at the end of an email or using a mouse-drawn image of a signature on a standard commercial PDF.
● Legal Weight: Admissible as evidence, but carries the lowest probative value. The relying party must successfully prove both the identity of the signatory and the document’s integrity in court. It is only suitable for low-risk internal or informational exchanges.
b. Advanced Electronic Signature (AES)
● Definition: Must be uniquely linked to the signatory, identify the signatory, be created using data under the signatory’s sole control, and be linked to the data signed to detect any subsequent change.
● Examples in Practice: Commercial platforms (like DocuSign or Adobe Sign) often create AES by using multi-factor authentication and robust audit trails for B2B contracts.
● Legal Weight: Fully admissible as evidence, offering higher probative value than SES. However, it does not automatically satisfy the statutory requirement for “written form” and does not enjoy the legal presumption of validity afforded to QES.
c. Qualified Electronic Signature (QES)
● Definition: An AES that is created by a qualified electronic signature creation device (QESCD)—typically a secure physical device or a cloud-based server under the TSP’s control—and is based on a qualified certificate issued by an accredited Slovak or EU Trust Service Provider (TSP). QES requires rigorous identity verification.
● Examples in Practice: The signature created using the microchip in the Slovak national eID card or a separate secure USB token issued by an accredited TSP. Mandatory for tax, customs, and commercial registry filings.
● Legal Weight: Possesses the full and undisputed legal equivalence to a handwritten signature. It is the sole standard that fulfills legal obligations demanding the “written form.” The authenticity and integrity of a QES-signed document are legally presumed, placing the burden of challenge on the opposing party.
2. Documents That Can and Cannot Be Signed Electronically
The decisive factor for determining whether a QES is appropriate or mandatory is whether the underlying law imposes a specific form requirement beyond the simple “written form.”
A. Documents Generally Permitted for Electronic Signing (QES Recommended/Required)
The QES is the legally recommended and often mandated standard for a vast range of commercial and administrative activities, primarily those governed by the Code of Commerce and interaction with public registers.
| Document Type | Example Use Cases | Required Signature Tier |
| Public Administration Filings | Submissions to the Commercial Register, tax returns, customs forms, social insurance declarations, and communication via the Central Government Portal (ÚPVS). | QES (Mandatory) |
| Commercial Contracts | Sales contracts, licensing agreements, service contracts, supply chain agreements, and standard non-disclosure agreements (NDAs). | QES |
| Labor Law Documents | Employment contracts, amendments to contracts, notices of termination, and internal labour regulations, subject to union or employee agreements. | QES |
| Judicial and Administrative Filings | Petitions, appeals, and other procedural submissions made to courts and administrative bodies via their electronic systems. | QES (Mandatory) |
| Corporate Governance | Company resolutions, minutes of general meetings, and powers of attorney (if not requiring solemnization). | QES |
B. Documents Generally Prohibited or Highly Restricted (Mandating Paper/Notarization)
In line with eIDAS and national legal traditions, the QES cannot replace documents requiring official public certification or solemnization before a notary public or court. These exceptions are critical for ensuring the integrity of public records, such as property registers.
Prohibited and Restricted Categories Include:
i. Real Estate Transactions: Contracts transferring or establishing rights over immovable property (land, buildings, apartments). These must be executed in the form of a notarial deed or have signatures certified by a notary public or municipality, which requires physical presence and a wet-ink signature.
ii. Wills and Inheritance: Formal testamentary acts, including Wills and Testaments and contracts regarding future inheritance, remain governed by strict formal requirements under the Civil Code that preclude pure electronic execution.
iii. Certain Family Law Acts: Agreements concerning the settlement of communal property between spouses upon divorce often require notarized deeds for legal validity.
iv. Specific Negotiable Instruments: While general commercial agreements are digital, the traditional physical form for certain paper-based negotiable instruments, such as Bills of Exchange, may still be required to meet specific formal criteria for circulation and enforcement.
v. Acts Requiring Public Certification: Any legal transaction where the law explicitly mandates the physical presence of a party for the purpose of a signature certification (overenie podpisu) or solemnization (notárska zápisnica).
3. Notable Changes and Practical Implementation
Slovakia stands out within the EU for its proactive and centralized approach to digital identification, which has driven wide-scale adoption of the QES.
A. Universal eID and Mandatory Use
The most impactful element is the integration of QES functionality directly into the national identification card (the eID). Since 2017, the QES is essentially a mandatory feature for citizens and residents with the new generation of eID cards. This integration has been coupled with the establishment of the Central Government Portal (ÚPVS), which requires the use of the eID/QES for almost all official government communication. This makes the QES a de facto required tool for daily life and business operations.
B. Automatic Cross-Border Recognition
Because Slovakia is an EU member state, Article 25 of the eIDAS Regulation guarantees the automatic legal effect of any QES issued by a certified TSP in any other EU/EEA member state. This means that a QES issued in Germany, France, or Italy, for example, is legally equivalent to a Slovak QES in Slovak courts and administrative proceedings, greatly simplifying international business transactions. This recognition is reciprocal, ensuring the Slovak QES is recognized abroad.
C. Remote QES Services (Cloud Signing)
In recent years, the market has seen a shift toward Remote QES (cloud signing). These services, compliant with eIDAS, allow signatories to generate a QES without inserting a physical eID card or USB token. Instead, the private signing key is securely stored in a certified hardware security module (HSM) managed by the TSP, and access is granted via multi-factor authentication (e.g., mobile app confirmation). This has dramatically improved the mobility and ease of use for businesses with globally dispersed signatories.
D. Future Evolution (eIDAS 2.0)
Slovakia is currently preparing for the legislative overhaul introduced by eIDAS 2.0, which introduces the European Digital Identity Wallet (EDIW). This future framework aims to further streamline cross-border authentication and enhance the digital signing experience, promising even greater security and legal certainty for digital transactions across the continent.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
1. Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
2. Act No. 272/2016 Coll. on Trust Services for Electronic Transactions in the Internal Market (Zákon o dôveryhodných službách pre elektronické transakcie na vnútornom trhu).
3. Act No. 305/2013 Coll. on electronic form of performance of the tasks of public authority (Zákon o elektronickej podobe výkonu pôsobnosti orgánov verejnej moci).
4. Civil Code (Act No. 40/1964 Coll.) and Commercial Code (Act No. 513/1991 Coll.)
5. Ministry of Investment, Regional Development and Informatization of the Slovak Republic (MIRRI).
