The use of digital signatures is becoming more common in Russia. And this is absolutely not surprising, since the electronic digital signature is in many cases more secure than the corresponding property affixed by a ballpoint pen or seal. How is an electronic signature made for a legal entity? How to get the appropriate tool?
EDS determination
To begin with, let's determine the essence of EDS. What is an electronic digital signature? By it is meant the requisite of a document, similar to that which is put down with a ballpoint pen on paper, but only performed using special computer algorithms.
The main purpose of the EDS is to confirm that the document is signed by a specific person. Among other useful properties possessed by an electronic digital signature is a certificate of document integrity, the absence of any corrections on the way between the sender and the recipient.
Using digital signatures
In what areas are digital signatures used? Almost the same as the usual signature: in the document flow between organizations, between businesses and government agencies, in communications with the participation of individuals. EDS corresponding to all necessary legislative requirements is legally equivalent to a signature that is made with a ballpoint pen, and in some cases also with a seal, when it comes to legal entities.
The use of electronic signatures is common in the banking sector: for example, when authorizing in systems of the “bank-client” type, the appropriate mechanisms for identifying the user of the financial product are used. Using the algorithms adopted by the financial and credit organization, the client signs payment orders, makes various applications and inquiries.
In some cases, EDS is considered as an even more reliable attribute than a signature made with a ballpoint pen. This is due to the fact that it is very difficult to fake, as well as the fact that with the help of EDS, as we noted above, it is possible to check whether changes have been made to the transferred files.
Universal electronic cards are starting to spread in Russia. With their help, citizens can carry out a large number of different actions. Among them - the signing of documents on the Internet. How is this possible? In order to use this UEC function, you need to purchase a card reader - a device that can read data from the card and transfer it via special online channels. In this case, you must use a device that supports the PC / SC standard.
EDS structure
How is EDS arranged? How does the document authentication mechanism work? Very simple. An electronic signature in itself is the requisite of a document that can be affixed by only one person (or organization). The relevant subject of the workflow has a single copy of the tool with which the digital signature is placed - this is the private key of electronic signature. As a rule, no one else has it, just like in the case of a unique example of a person’s autograph, which he makes with a ballpoint pen. Keys are issued by specialized organizations - certification centers. They can also be accredited by the Ministry of Communications.
You can read the digital signature using a public key, which, in turn, can be at the disposal of any number of people. Using this tool, the recipient of the document makes sure that it was sent and signed by a specific sender. If the public key does not recognize the digital signature, then it is put down by the wrong person from whom the document should come.
Signature Key Certificate
An important element of the workflow is the certificate of the electronic signature key. It is usually an electronic data source that contains information about the sender of the files. The certificate confirms the fact that the key that a person owns is valid. This document also contains basic information about the sender. A certificate is valid, as a rule, 1 year from the date of its registration. The corresponding signature element can also be revoked at the initiative of its owner, for example, if he loses control of the key or suspects that he fell into the wrong hands. Those documents that will be signed without a valid certificate do not have legal force.
From a technological point of view, the mechanism of file sharing when using EDS is usually implemented within a certain software environment. That is, files are sent and received in a special format using the specialized software interface. It can be adapted, for example, for workflow in the field of tax reporting or for file sharing between different companies.
A universal system for receiving and sending documents has not yet been created in the Russian Federation, but such work is ongoing. Its successful completion will create a software environment that, theoretically, will be able to completely replace paper workflow, as each citizen, along with a personal autograph, will be able to affix an electronic signature on any documents as well. Actually, the development of UEC is one of the first steps in this direction.
But for now, you can set an EDS with this card on a limited number of resources. Therefore, verification of electronic signatures is now carried out in different programs, and their use is carried out by agreement between the sender and recipient of documents.
It is also possible to exchange files outside the corresponding interfaces. In this case, each document can be supplemented by a text insert with a unique cipher, which is created using the private key and is read by the recipient of the file through the public one. The document will be recognized if the corresponding algorithms match, and also provided that the certificate that we mentioned above is valid.
However, the cipher in question will be somehow created by a special program. Theoretically, of course, users can develop their own - and this will formally also be considered an EDS, but in this case there is no need to talk about a sufficient level of document flow security. In large firms, special requirements are usually set for it. As well as in state institutions. We will study the aspect that reflects the electronic signature types depending on the level of security, in more detail.
EDS security levels
It can be noted that sending documents via e-mail is also one of the options for using EDS. In this case, we are talking about using a simple electronic signature. Its “key” is the password that the sender enters. The law on electronic signature allows that this type of digital signature may be legally significant, but law enforcement practice is not always accompanied by the implementation of this scenario. And this is understandable: the password - purely theoretically - can be entered by anyone who knows it and impersonate the sender.
Therefore, the same law on electronic signatures determines that much more secure digital signature options may be involved in document management. Among them is an enhanced and qualified digital signature. They suggest that their owners have reliable electronic keys that are very difficult to fake. They can be made in the form of a special keychain of the eToken type - in a single copy. Using this tool and a special program, a person can send signed documents to the addressee, who then, using the public key to verify the electronic signature, can verify the correct origin of the files.
Qualified Signature Specifics
What is the difference between an enhanced digital signature and a qualified one? Technologically, they can be very similar and use generally similar encryption algorithms. But in the case of a qualified EDS, a certificate for it is issued by a certification center (from among those accredited by the Ministry of Communications). This type of electronic signature is considered the most secure and in most cases is legally equivalent to the corresponding requisite of the document, which is put manually on paper.
A qualified digital signature in most cases is required during the interaction of businesses and individuals with government agencies, so the requirements for identification of documents in such communication scenarios can be very strict. In this case, an enhanced digital signature cannot always satisfy them, without speaking, of course, of a simple electronic signature. Accredited certification centers, as a rule, recommend to their customers the best type of software, with the help of which document flow using EDS is carried out.
Types of Electronic Signatures
So, a universal digital signature capable of replacing a signature on paper at any time has not yet been developed in Russia. Therefore, the tools we are considering are presented in a wide range of varieties, adapted to one or another file sharing purpose. Consider the most common types of communications that use electronic signature of documents.
EDS necessary for the participation of commercial organizations in various auctions (Sberbank-AST, RTS-Tender), as well as for presence on trading floors, for example, those that are members of the ETP Association, are popular. There is an electronic digital signature adapted to work with databases on bankruptcies of legal entities and facts related to their activities.
The portal Gosuslugi.ru all registered also issued an electronic signature. Thus, public services can then be ordered online - there is no need to include a paper document in one department or another. A wide range of services is opened to a citizen, you can even issue an international passport online. One of the options for the hardware implementation of the digital signature for use on the Gosuslugi.ru portal is the UEC, which we mentioned above.
How to get EDS
Due to the absence in Russia of a unified structure for issuing universal digital signatures, there are a large number of private firms involved in the processing of electronic signatures. They are called, as we noted above, certification centers. These organizations perform the following main functions:
- register users as legally competent subjects of work with documents when activating EDS;
- issue a certificate of electronic signature;
- in some cases, they provide sending and verification of documents with electronic digital signature.
Thus, if a citizen or organization needs a digital signature, you will have to go to the appropriate certification center.
Documents for EDS
How is an electronic signature issued for a legal entity? How to get such a tool useful for business? So, the first thing you need to choose a certification center. It is advisable to contact those structures that are accredited by state bodies. A list of these organizations can be found on the website of the Ministry of Communications of the Russian Federation - minsvyaz.ru.
The following basic documents must be submitted to the certification center:
- extract from the register;
- certificates: on registration of a legal entity, on registration with the Federal Tax Service.
If it comes to obtaining a personal signature for the head of the organization, the mentioned set of documents must be supplemented with a copy of the protocol on the appointment of the general director to the post. If an electronic signature is received by an employee who is not a member of the supreme governing bodies of the company, then you need a copy of the order on his employment, as well as a power of attorney. Naturally, you need a passport and SNILS specialist.
As we can see, the process by which an electronic signature is issued for a legal entity is not at all complicated. How to get an EDS for an individual entrepreneur?
Very simple. The following basic documents will be required:
- extract from the USRIP;
- certificates: on registration as an individual entrepreneur and on registration with the Federal Tax Service;
- passport;
- SNILS.
If an EDS wants to receive a person who is not in the status of an individual entrepreneur, owner or representative of an LLC, then all he needs to bring to the certification center is the TIN, passport, and also SNILS.
Obtaining an electronic signature is usually not a long process. Many certification authorities are ready to provide an eToken key or its analogue, as well as guidance on the use of digital signatures within a few hours after completing the relevant application.
Practical nuances of working with EDS
We studied how an electronic signature is issued for a legal entity, how to get this tool. Let us now consider some of the notable nuances of the practical use of digital signatures.
So, when organizing a document flow between two or more companies, it is advisable to use the services of intermediary structures that will help companies avoid errors in file sharing, and also guarantee compliance with all legal requirements for these communications. Among the optimal options for drawing up such agreements is the conclusion of accession agreements, which are provided for by Article 428 of the Civil Code of the Russian Federation.
When organizing workflow between different organizations, it is also recommended to approve the procedure for working with files in cases where the authenticity of the digital signature cannot be determined. For example, this is possible if the certificate of an electronic signature key has expired.
At the beginning of the article, we examined the classification of EDS by the degree of security. What are the mechanisms for the correct use of simple, enhanced and qualified electronic signatures?
If a company decides to use a simple digital signature when exchanging documents with another organization, then it needs to conclude additional agreements securing such a mechanism. The relevant agreements should reflect the rules for determining who exactly sent the document via e-mail and thereby put a simple digital signature.
If we are talking about electronic bidding, then the signature must be strengthened (at least) and meet the criteria adopted at the level of a particular online platform where such communications are carried out.
Reporting to government agencies should only be carried out using a qualified electronic signature. If it is a matter of establishing labor relations at a distance (recently, the Labor Code of the Russian Federation allows this type of communication), then a qualified signature should be used in this process.