Electronic Notary and Digital Technologies
Electronic acts
Electronic notary allows certain acts to be performed using electronic documents and qualified electronic signatures. The candidate must know which acts may be performed electronically, how identity is verified remotely, and how the electronic register and archive operate.
Signature and integrity
A qualified electronic signature gives the document legal force equivalent to a handwritten signature where the law so provides. The notary verifies the certificate's validity, the signer's identity, and the document's integrity. Traps: accepting an unqualified signature for an act requiring a qualified one, and failing to check certificate revocation.
Archiving and interoperability
Electronic documents must be stored in a format preserving integrity and readability over time. Interoperability with state registers (real estate, population, corporate) supports verification but does not replace the notary's own checks.
Remote identification
Where remote identification is permitted, the notary uses approved means such as video identification and electronic identity. The notary must still verify capacity and authority, and must record the method used.
Rule of thumb
Electronic form changes the medium, not the substance: the same competence, verification, register entry and secrecy rules apply. If the signature type or identification method does not meet the statutory standard, the act cannot be performed electronically.