Can a simple "click" create the same legal commitments as a signature on a contract? In the age of digital administration and electronic transactions, the answer is not just affirmative, it is now self-evident.
The introduction of the "MY" signature in Cyprus brings the citizen face to face with a new reality. He signs more easily than ever, but he is just as seriously committed.
One of the key questions that arises is whether the "MY" signature is something different from the electronic signature or whether it replaces it. From a legal point of view, the answer is clear. The "MY" signature is not a new or independent institution. It is a form of electronic signature, i.e. a practical way in which the user identifies himself, expresses his will and commits himself to a digital environment.
Legal context
The relevant legal framework has been developed at European level. As early as Directive 1999/93/EC, the need for legal acceptance of electronic signatures was recognized and the first foundations were laid for their assimilation with traditional signatures. This development was completed with Regulation (EU) 910/2014, known as eIDAS, which is directly applicable in all Member States, including Cyprus.
The eIDAS Regulation establishes a fundamental principle, an electronic signature cannot be rejected as evidence just because it is in electronic form. At the same time, it introduces a classification of electronic signatures (simple, advanced and approved), with the approved electronic signature being fully assimilated to the handwritten one. However, this does not mean that the other forms lack legal force. The decisive element always remains the possibility of linking the act to a specific person and the existence of an intention to bind.
Recent case law is also of particular importance. In Case C-466/22, V.B. Trade OOD v. Bulgarian Tax Administration (judgment of 29.02.2024), the Court of Justice of the European Union clearly confirmed that electronic signatures must be assessed in the same way as handwritten signatures. The Court stressed that their probative value cannot be disputed due to their form and that national courts must examine the facts of each case, such as the reliability of the system and the link between the signature and the person.
From physical presence to OTP
In the Cypriot reality, the citizen has already become familiar with the electronic signature, mainly through procedures where there is a physical presence, such as in banks, post offices, courier services or hotels. In these cases, the signature is done on a digital device, but in the presence of an employee, which creates a sense of security and control.
The "MY" signature, however, differs substantially. It does not change the legal nature of the signature, but transfers the entire process to the user himself. There is no physical presence, nor direct human control. The identification and confirmation of the act are based on personal passwords and a unique one-time password (OTP), which is sent to the user and acts as a final confirmation.
This technical detail has essential legal significance. The system assumes that whoever uses the correct passwords and enters the OTP is also the person who signs. Consequently, the responsibility is transferred almost exclusively to the user himself, who is required to ensure the confidentiality of his data.
Convenience and responsibility
The advantages of signing "MY" are evident. Transactions are completed instantly, bureaucracy is significantly reduced, and physical presence becomes unnecessary. Additionally, every action is digitally recorded, which enhances transparency and allows for traceability of transactions.
The biggest change, however, is not technological but psychological. This convenience is accompanied by increased responsibility. The user is bound without being in front of another person, while the security of the process largely depends on his own attention. In case of dispute, proof can prove to be particularly complex and demanding.
In my opinion, signing "MY" is a necessary development and an important step towards the digital modernization of administration and transactions. At the same time, however, it creates a dangerous illusion of simplicity. The citizen does not sign less, he signs more easily and more often, without always realizing the gravity of the act.
In the new digital age, the signature does not disappear. It simply becomes invisible. And every time we press "confirm", we are not just making a choice, we are making a legal commitment with real consequences.
* Lawyer in Larnaca
