How to Obtain and Use the Electronic Signature

The term signature traditionally stands for “handwritten name or, in case that the signatory cannot write, a corresponding mark". It is evident that the classical definition is not applicable in any electronic method of communication.

The definition has been taken from the American legal doctrine and it is fully applicable in the traditional understanding of signature in the Croatian law. In fact, the signature is not defined by any law and it can almost be stated that it is a matter of legal standard whose content was uniformly accepted until the appearance of electronic method of communication. For example, Obligatory Relations Act from 1978, pursuant to Article 72, paragraph 1, upon determining when entering into agreement requires a document, it determines that the agreement is entered into when the document has been signed by all the parties bound by it, yet it does not define what the signing or signature comprise of.

It is obvious that in the exchange of electronic legally relevant messages new electronic communication technology requires adaptation of the content of legal standards both to its needs and the needs of legal practice that is being developed on that technological basis.