In the current situation, the issue of electronic document management has become even more relevant, as many companies have implemented remote work formats. As a result, some now face difficulties with signing documents and contracts, since handwritten signatures by a company’s director or another authorized person may be problematic. For this purpose, the market offers a number of online services that provide electronic signing of documents using an electronic digital signature (hereinafter – EDS) issued by the National Certification Authority of the Republic of Kazakhstan. However, when using such services, the following questions often arise:
An electronic document is recognized as a document in which information is presented in electronic-digital form and authenticated by means of EDS. A document that meets the requirements of the Law of the Republic of Kazakhstan “On Electronic Document and Electronic Digital Signature” dated 7 January 2003 No. 370-II and is authenticated by EDS is equivalent to a paper document signed manually.
For example, pursuant to Article 152 of the Civil Code of the Republic of Kazakhstan, a transaction in written form may be executed both on paper and in electronic format. Exchange of electronic documents is also deemed equivalent to executing a transaction in written form.
It should also be noted that, under the labor law reform bill, the conclusion of an employment contract in the form of an electronic document is proposed.
Thus, an electronic document that complies with specific legislative requirements has the same legal force as a paper document.
An electronic document management system is understood as a system for exchanging electronic documents, that is, an information system allowing one to work with electronic documents from their creation, modification, approval, etc., through to their signing and sending to the appropriate recipient.
Having reviewed the market for such services, we concluded that today there are many companies offering the implementation of electronic document management systems within an organization in order to optimize internal business processes. In other words, installing such a system will not be limited to signing electronic documents via EDS but will involve a full-fledged system of electronic workflow, which can also be integrated with 1C. Alongside such systems, there are also online services that provide only electronic signing of documents using EDS and sending such documents directly to counterparties.
When using electronic document management systems, the question arises as to how safe it is to upload or store documents and EDS keys. The owner or holder of electronic information resources containing personal data, when transferring such electronic information resources containing personal data to the owner or holder of an information system, must obtain the consent of the personal data subject or their legal representative for the collection and processing of personal data through information systems.
Thus, companies using electronic document management systems, as well as the systems themselves, are obliged to comply with personal data protection legislation.
Based on the above, it can be concluded that electronic document management, namely signing documents via EDS, is currently the most convenient way to organize work. When choosing an information system that enables the creation of such electronic documents, we recommend first determining what exactly is required:
Sincerely,
Advisor
Kasabulatova Anel
- Legal force of documents signed with EDS
An electronic document is recognized as a document in which information is presented in electronic-digital form and authenticated by means of EDS. A document that meets the requirements of the Law of the Republic of Kazakhstan “On Electronic Document and Electronic Digital Signature” dated 7 January 2003 No. 370-II and is authenticated by EDS is equivalent to a paper document signed manually.
For example, pursuant to Article 152 of the Civil Code of the Republic of Kazakhstan, a transaction in written form may be executed both on paper and in electronic format. Exchange of electronic documents is also deemed equivalent to executing a transaction in written form.
It should also be noted that, under the labor law reform bill, the conclusion of an employment contract in the form of an electronic document is proposed.
Thus, an electronic document that complies with specific legislative requirements has the same legal force as a paper document.
- Electronic document management systems
An electronic document management system is understood as a system for exchanging electronic documents, that is, an information system allowing one to work with electronic documents from their creation, modification, approval, etc., through to their signing and sending to the appropriate recipient.
Having reviewed the market for such services, we concluded that today there are many companies offering the implementation of electronic document management systems within an organization in order to optimize internal business processes. In other words, installing such a system will not be limited to signing electronic documents via EDS but will involve a full-fledged system of electronic workflow, which can also be integrated with 1C. Alongside such systems, there are also online services that provide only electronic signing of documents using EDS and sending such documents directly to counterparties.
- Personal data security
When using electronic document management systems, the question arises as to how safe it is to upload or store documents and EDS keys. The owner or holder of electronic information resources containing personal data, when transferring such electronic information resources containing personal data to the owner or holder of an information system, must obtain the consent of the personal data subject or their legal representative for the collection and processing of personal data through information systems.
Thus, companies using electronic document management systems, as well as the systems themselves, are obliged to comply with personal data protection legislation.
Based on the above, it can be concluded that electronic document management, namely signing documents via EDS, is currently the most convenient way to organize work. When choosing an information system that enables the creation of such electronic documents, we recommend first determining what exactly is required:
- a full electronic document management system within the company, or
- a separate service solely for signing documents using EDS (mainly online services), after which it is necessary to approach the selection of the service provider carefully, taking into account the issues mentioned above.
Sincerely,
Advisor
Kasabulatova Anel