Can jointly e-signed documents be used separately?

Jolanta Brilte, records management specialist

Reader asks: If multiple documents are included in an eDoc format package and signed with a single e-signature, can these documents still be used as separate files?

The guidelines developed by the Ministry of Justice entitled “Guidelines for Document Drafting and Formatting” state that it is technically possible to include multiple documents in an eDoc package and sign them with one secure e-signature. However, signing several independent documents with a single e-signature may make their further use more difficult.

For example, if an organization includes both a response to an individual's request and an official certificate in a single eDoc package and signs them with one signature, it may be difficult to use the certificate separately – such as submitting it to another organization – because it is not individually signed. In these cases, it is recommended to sign each document separately. Otherwise, the signed documents are considered a single document. Therefore, if the documents need to be used independently, each must be signed individually.

If documents are signed in one package, any file extracted from the eDoc format is considered an excerpt from the original document (not a copy, since it includes only part of the original e-document). Such an excerpt has no legal force unless it is formalized and certified in accordance with regulations.

However, there are cases where signing multiple files in one eDoc package is acceptable – for example, a document with attachments. If attachments are separate files, the whole package may be signed with one signature. Similarly, if a document needs to be reviewed/approved by another organization, the document and the approval can be signed together with a single signature.

Some people believe that it is not allowed to add additional documents to a signed e-document and sign everything with one e-signature. This is not true – there is no legal restriction against signing multiple documents as one package. Each case should be evaluated individually, especially with regard to whether the documents will need to be used separately in the future.

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