Hungary, as a dynamic member state of the European Union, has fully embraced the digital revolution by establishing a robust and clear legal framework for electronic signatures. This framework, anchored in EU-wide regulations and supplemented by national legislation, ensures that electronic transactions can be conducted securely and with confidence, equating the highest forms of e-signatures to the traditional “wet-ink” signature.
This article provides a comprehensive overview of the legality of electronic signatures in Hungary, detailing the governing legal acts, the various signature types, documents that can and cannot be signed electronically, and recent notable changes in the law.
Overview of E-Signature Legality in Hungary
The core principle governing e-signatures in Hungary is the non-discrimination principle enshrined in European law: an electronic signature cannot be denied legal effect and admissibility as evidence in legal proceedings solely because it is in an electronic form.
For the overwhelming majority of commercial, corporate, and consumer transactions, electronic agreements are recognized as legally binding. The enforceability, however, is directly linked to the type of electronic signature used, with three distinct categories providing varying levels of legal security and evidentiary weight.
The Three Tiers of Electronic Signature
Hungary adheres to the three-tiered classification defined by the EU’s eIDAS Regulation (Regulation (EU) No 910/2014):
| Signature Type | Abbreviation | Legal Standing / Evidentiary Value | Primary Use Cases |
| Simple Electronic Signature | SES | Admissible as evidence, but low evidentiary value; court review is highly contextual. | Low-risk agreements, internal approvals, routine business communications. |
| Advanced Electronic Signature | AES / AdES | Considered a “simple private document” and is legally equivalent to a handwritten signature for many documents. Must meet specific technical requirements. | Transactions requiring a written form by law, high-risk agreements, government filings, and transactions that require notarization (when an e-notary is involved). |
| Qualified Electronic Signature | QES | Has the equivalent legal effect of a handwritten signature and is automatically recognized as a “private document with full evidentiary value” across all EU member states. | Transactions requiring written form by law, high-risk agreements, government filings, and transactions requiring notarization (when an e-notary is involved). |
The Legal and Regulatory Framework
The legality of electronic signatures in Hungary is governed by a combination of European and domestic laws, creating a coherent and reliable framework.
A. European Union Law
Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation). As a directly applicable EU regulation, eIDAS forms the bedrock of Hungarian e-signature law. It standardizes the requirements for electronic identification and defines the three tiers of signatures (SES, AES, QES), ensuring mutual recognition of Qualified Electronic Signatures (QES) across all EU member states.
B. Hungarian National Law
Several national acts supplement and implement the eIDAS Regulation:
1. Act CCXXII of 2015 on the General Rules for Electronic Administration and Trust Services: This key legislation implements the eIDAS Regulation into Hungarian national law and sets out the specific rules for electronic trust services within the country.
2. Hungarian Civil Code (Act V of 2013, Section 6:7): This Act provides the foundational recognition for electronic agreements, stipulating that they are legally binding as long as they ensure authentication and the integrity of the content.
3. Hungarian Code of Civil Procedure (Act 133 of 2016): This law addresses the evidentiary value of documents in court proceedings, establishing clear legal presumptions, particularly for documents bearing a QES or a private document with full probative force.
4. Government Decree 451/2016 (XII. 19.): This decree details the specific rules for electronic transactions, providing necessary regulatory clarity.
In essence, for an electronic legal statement to meet the requirement of a written form under Hungarian law, it must:
i. Ensure the integrity of the content (unchanged recall).
ii. Allow the identity of the signatory to be reliably established (authentication).
iii. Allow the date of the statement to be determined.
For commercial contracts that require a written form under the Civil Code (e.g., contracts involving a mortgage, security deposit, or certain intellectual property licenses), case law from the Hungarian Supreme Court has established that generally, an Advanced Electronic Signature (AES) or Qualified Electronic Signature (QES) is necessary to fully satisfy the written form requirement.
Documents That Can Be Signed Electronically
The vast majority of documents in Hungary can be legally signed using an electronic signature, with the level of security (AES or QES) depending on the context and the required evidentiary value.
A. Documents Suitable for Standard to Advanced Electronic Signatures (SES/AES)
Where Hungarian law does not explicitly mandate a “private document with full probative force,” SES or AES is generally acceptable. These include, but are not limited to:
1. Commercial Agreements: Non-disclosure agreements (NDAs), sales contracts, purchase orders, standard service agreements, distribution agreements, and most general commercial B2B contracts.
2. Human Resources Documents: Most internal HR documents, non-disclosure agreements, benefits paperwork, and employee onboarding documents (though some core employment documents have stricter requirements, see below).
3. Intellectual Property: Licenses of patents and trademarks, and most intellectual property assignments (except collective and certification trademark assignments).
4. Financial Services: Payment orders for a single transaction and client complaints.
B. Documents Where Advanced or Qualified Electronic Signatures (AES/QES) Are Strongly Recommended or Required
For documents where the law requires the written form or a private document with full probative force, a QES or an AES based on a qualified certificate is typically mandated to ensure full legal validity and strong evidence in court:
1. Employment Agreements: The establishment, modification, and termination of an employment contract generally require a written form, which can be satisfied with an AES or QES.
2. Corporate Documents: Notification of a change of ownership in the register of shareholders of a limited company, powers of attorney (not for land registry purposes), and agreements between a single-member limited liability company and its sole member.
3. Communication with Public Sector: Transacting with Hungarian public sector entities and authorities generally mandates the use of electronic documentation in a qualified form, i.e., with a QES or an AES based on a qualified certificate.
Documents That Cannot Be Signed Electronically (Requiring “Wet-Ink” or Notarial Deed)
Despite the extensive legality of e-signatures, a small but significant number of documents and transactions are specifically excluded from electronic signing or require a paper-based format with a handwritten signature, often coupled with a formal notarial process.
A. Real Estate and Land Registry Documents
A major exclusion concerns documents that require registration or noting with the Hungarian Land Registry. These documents generally require a paper form with a wet-ink signature, and sometimes an attorney’s counter-signature or a notarial deed. Documents excluded from electronic signing in this category include:
- • Deeds of Transfer of property ownership.
- • Mortgage agreements and charges.
- • Documents discharging a mortgage or charge.
- • Option agreements over real estate.
- • Powers of Attorney (POA) related to transactions submitted to the Land Registry.
B. Family Law and Inheritance
The Hungarian Civil Code explicitly bars the use of electronic signatures for certain sensitive personal legal matters:
- • Contracts governed by family law (Fourth Book of the Civil Code).
- • Documents concerning inheritance matters, such as wills (Sixth Book of the Civil Code).
C. Notarial Deeds
While a notary public is technically entitled to create a notarial deed in electronic form, the actual execution still involves stringent in-person requirements. The document must be signed by the signatory with a QES or an AES based on a qualified certificate in the presence of the notary public, who then also signs the electronic deed with their qualified electronic seal. For paper-based notarized deeds, the electronic signature is, of course, insufficient. Furthermore, documents requiring an Apostille generally still require a paper format.
Notable Changes in Hungarian Electronic Signature Law (2024-2025 Outlook)
While the core e-signature framework (eIDAS and Act CCXXII of 2015) remains stable, recent and upcoming legislative changes in related fields underscore Hungary’s ongoing commitment to digital transformation, particularly in public administration and cybersecurity, which impacts the electronic environment.
A. Cybersecurity Act (Effective 1 January 2025)
Act XXIII of 2023 on Cybersecurity Certification and Supervision (the Cybersecurity Certification Act), which aims to transpose the EU’s NIS2 Directive, went into force on January 1, 2025.
While not directly amending the signature rules, this law creates a new and comprehensive cybersecurity framework for ‘essential’ and ‘important’ entities. For companies that provide or use digital services that rely on electronic identification and trust services (including e-signatures), the new security requirements and potential high fines for non-compliance will necessitate an increased focus on the cybersecurity posture of their digital signing platforms and data handling.
B. E-Invoicing and Tax Administration Changes (2024-2025)
The Hungarian Tax Authority (NAV) is pushing for stricter rules and digital processes in tax administration, which leverages the reliability of electronic data:
i. E-Invoicing Stricter Validation (July 2025): The reclassification of numerous “warning” messages to “error” messages in the Online Invoice System, effective July 1, 2025, will reject invoice data submissions outright if errors exist. This emphasis on data integrity reinforces the need for reliable digital processes, often involving electronic seals for authenticity.
ii. E-Receipts (January 2025): As of January 2025, an e-receipt will be considered issued when admitted to the receipt repository, and the content requirements for receipts will be expanded, pushing for greater digitalization in point-of-sale transactions.
iii. Biometric Signatures: The law has been supplemented with new data protection provisions specifically related to biometric signatures (handwritten signatures collected electronically) recorded by the tax authority. This acknowledges and formalizes the legal handling of AES-type signatures that capture biometric data.
These changes indicate a continued government drive to digitize administrative and financial processes, relying on the robust legal basis already provided by the eIDAS framework for ensuring the authenticity and integrity of electronic records.
Conclusion
Hungary presents a highly favorable legal environment for the use of electronic signatures. The legislative framework, combining the EU’s direct-effect eIDAS Regulation with comprehensive national laws, clearly defines the legal validity and evidentiary strength of Simple, Advanced, and Qualified Electronic Signatures.
For businesses operating in Hungary, the Advanced Electronic Signature (AES) is sufficient for most daily commercial operations, while the Qualified Electronic Signature (QES) is the gold standard, providing the indisputable legal equivalence of a handwritten signature, especially for high-stakes, regulatory, or public-sector-facing transactions. Parties engaging in electronic commerce should, however, remain mindful of the few excluded transactions, particularly those involving the Land Registry, family law, and inheritance.
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. Government Decree 451/2016 (XII. 19.) on the detailed rules of electronic transactions.
2. 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).
3. Act CCXXII of 2015 on the General Rules for Electronic Administration and Trust Services.
4. Act V of 2013 on the Civil Code (Hungarian Civil Code, Section 6:7).
5. Act 133 of 2016 on the Code of Civil Procedure (Hungarian Code of Civil Procedure).
6. Act XXIII of 2023 on Cybersecurity Certification and Supervision (Cybersecurity Certification Act).
