Industriell Passersystem

In the face of the growing digitalization of business processes, questions about the legal aspects of using new technologies in the workplace are increasingly emerging. One such solution is the InnerWeb application, which enables the issuance of written orders using a biometric signature. The purpose of this article is to analyze whether this method of signing documents meets the requirements of written form under Polish law.

Definitions and legal context

Written form in Polish law:

In accordance with Art. 78 § 1 of the Civil Code (k.c.), to maintain the written form, it is sufficient to place a handwritten signature on a document containing the content of the declaration of will. A document may be any information carrier that allows its content to be read.

Biometric signature:

A biometric signature is a technology that allows the placement of a handwritten signature on a touch screen of a device, which reflects the characteristics specific to the person making the signature. Such signatures are increasingly used in banking and in parcel delivery processes.

Legal analysis

1. Does the biometric signature meet the requirements of written form?

According to the procedures provided in the InnerWeb application, the biometric signature created using a finger on a device screen sufficiently individualizes the person making the signature. This technology records both the shape and speed of the signature, allowing its verification. Consequently, the biometric signature made in the InnerWeb application can be considered a handwritten signature.

2. Requirements of written form in the context of the Regulation of the Minister of Energy of August 28, 2019.

The Regulation on occupational health and safety when working with energy equipment requires that exploitation work posing particular danger be performed on the basis of a "written order." However, the content of the Regulation does not specify that this order must be in written form within the meaning of Art. 78 § 1 of the Civil Code.

3. Interpretations of doctrine and case law

Doctrine and case law indicate the difference between writtenness and written form. Writtenness is not identified exclusively with a paper information carrier. The most important feature of writtenness is the recording of thought in a graphic format, which does not exclude the use of electronic carriers.

Conclusions and recommendations

1. Biometric signature as written form:

The biometric signature made using the InnerWeb application meets the requirements of handwritten signature, which means that orders issued through this application can be considered as meeting the requirement of written form.

2. Recommendations for eliminating doubts:

To completely eliminate doubts regarding compliance with the requirements of written form, it is recommended to:

• Enable the order to be accompanied by a qualified electronic signature.
• Introduce a procedure where the generated order is printed and accompanied by a handwritten signature.

Applying the above recommendations will ensure compliance of issued orders with legal requirements, eliminating the legal risk associated with new signature technologies.

Summary

The legal analysis indicates that the biometric signature in the InnerWeb application can be considered compliant with the requirements of written form. Nevertheless, in order to avoid potential legal problems, it is recommended to implement additional safeguards, such as a qualified electronic signature or a traditional handwritten signature on a printed document.