DIGITAL SIGNATURE ON A TABLET - HANDWRITTEN OR ELECTRONIC SIGNATURE?

Abstract

The dynamic processes of digitalization and digital transformation require certain facts from the electronic world to be studied, and concepts such as electronic documents and electronic signatures to be analyzed. Modern technologies offer different solutions for creating and signing electronic documents, and this in turn raises the question of what is the signature on a specialized stylus signing device - is it a handwritten signature or an electronic signature? This report aims to clarify the legal nature of this new phenomenon and to help to better understand it in theory and for the needs of jurisprudence. The informal reason for presenting the report was the hesitation in the case law on how the signature placed on a tablet cut with a special pen (stylus) should be treated.