It shall also be taken into consideration that an alternation of the document in any way, after its e-signature, even by one party, shall invalidate the qualified signature placed before the alternation. Therefore, the qualified signature provides larger guarantees for the parties. It is not also allowed by legal stipulations, but is also widely utilized in practice, especially in B2B relations. In recent years, qualified signatures are becoming a more common method of conclusion of contracts even between particulars.
Legal consequences to a contract in case of not fulfilling formal requirements
Regardless of the fact if the formal requirements concern the signature or the form of the contract, if they are not met, the contract has no legal effect. There are some exceptional cases where the non-fulfilment of the formal requirements shall not affect the binding effect of the contract if they are fulfilled later in the contractual relations between the parties, but if the non-fulfilment affects the legally required form of the contract, no such exceptions shall apply.
Usual practice of signing contractual agreements in the B2B sector
In the B2B sector, e-signing is a common practice of signing contractual agreements. It is a widely used method of signature because it corresponds better with the business dynamics, permitting the parties to sign the contract according to their respective availability. Moreover, the specific protection of a document, signed with a qualified signature, that invalidates the signature in case of alternation of the document after the signature, provides enough certainty for the parties, making e-documents or e-signed documents a trusted method of conclusion of all types of agreements.
Usual practice of signing contractual agreements in the B2C sector
E-signature in the B2C sector has become more utilized in recent years. Since a great number of consumers do not own a qualified signature, advanced and simple electronic signatures are commonly used methods for remote conclusion of B2C contracts. In practice, the two-factor authentication is the better practice, but the more widely used method is the simple electronic signature.
Apart from the conclusion of the contract and its legally binding effect, according to the Bulgarian Civil Procedure Code, e-documents are accepted as valid, and binding proofs by the Bulgarian courts. Since the Covid-19 lockdown, Bulgarian courts are widely accepting court submissions in electronic form. A centralized e-justice platform, significantly improved in the last 3 years, allows parties to submit e-signed documents and proofs, receive information and documents on the ongoing court proceedings, pay court fees and receive court notifications through the platform, all in electronic form. The e-justice system has strengthened the country’s trust in e-documents and e-signing making it a preferred and widely utilized method in Bulgaria.