The digital certificate is an electronic document which associates the signature data with its holder, thereby confirming the real identity of said holder. To be qualified, the digital certificate will be issued by a certifying accredited entity. A "certifying entity” is deemed to be an accredited entity or individual or corporate body which creates or supplies resources for the creation of keys, issues the signature certificates, ensures the respective advertising and provides other services relating to digital signatures.

When used to sign an electronic document, the qualified digital certificate is equivalent, for legal purposes, to a written signature. This certificate is thus appropriate for digital signatures and authentication, where the proof of identity and legal recognition are essential, since it ensures:
• Secure and one-to-one electronic identification of someone
• Documents integrity;
• Non-repudiation of documents, signatures and messages;
• Safe authentication in Systems, including Public Tender Platforms.

The entities which issue Qualified Digital Certificates will have to be accredited with the entity responsible for the accreditation of certification companies.

In accordance with the legal requirements of the Public Contracts Code for the signature of electronic documents (Articles 18 and 27 of Ruling 701-G/2008), a qualified digital certificate must necessarily be used.

The issuing of a qualified digital certificate costs €99.00, exc. VAT.

The issuing of a qualified digital certificate is valid for 1 (one) year.
At the end of the year, should the holder wish to renew his/her qualified digital certificate, a new issuing must be requested which costs €99,00.

After completing the Qualified Digital Certificate issuing contract, a letter is sent by express mail containing the PIN of the certificate. Subsequent to this letter, a further correspondence is sent containing the USB Token (which contains the respective qualified digital certificate), the Drivers and the Manual for installation of the certificate (which are included in the Saphety PEN USB).

Legal framework of the qualified digital certificates

In accordance with Statute-Law 62 enacted in 2003:

Article 3 – When a qualified electronic signature is placed on it certified by a certification entity, the electronic document has the legal force of a signed private document under the terms of article 376 of the Civil Code.

Article 5 – The public bodies may issue electronic documents with a qualified electronic signature placed in accordance with the standards of the present law.

In operations relating to the creation, issuing, filing, reproducing, copying and transmission of electronic document which formalise administrative acts through computing systems, including their transmission by elecommunications means, the data relating to the interested body and to the person who has practiced each administrative act shall be indicated in such a way as to make them easily identifiable and to prove the function or post performed by the signatory to each document.

Article 7 – The placement of a qualified electronic signature on an electronic document is equivalent to the autograph signature of the documents in written form on hard copy support and creates the presumption that:

The person who placed the electronic qualified signature is the holder of it;

The qualified electronic signature was placed for the purposes of signing the electronic document;

The electronic document has not been altered since the qualified electronic signature was placed.

The placement of the qualified electronic signature substitutes, to all legal intents and purposes the placement of stamps, marks or other signs identifying their holder.

Legal framework of the electronic platforms

Legal framework – Statute Book, 1st series – no. 145 – July 29th 2008

Chapter III – Electronic platforms operating rules

Article 26 – Authentication of users identity

1 – The identification of all users vis-à-vis the electronic platforms is carried out by way of the use of digital certificates.

2 – The users may, for authentication purposes, use their own digital certificates or use certificates provided by the electronic platforms.

3 – In the case of entities which should use electronic signatures issued by certification entities included in the Electronic Certification System of the State, the security level required is that contained in Statute Law no.116-A enacted on June 16th 2006

4 – The electronic platforms are adapted to allow exclusive access of users thereunto, by way of strong authentication based on the use of digital certificates.

5 – The validation mechanism for user certificates is carried out in line with said certificate and the respective certification chain.

Article 27 – Electronic signature

1 – All the documents loaded on the electronic platforms shall be signed electronically by way of the use of qualified electronic digital signature certificates.

2 – For the purposes of the electronic signature, the entities referred to in no.3 of the previous article above shall use digital certificates issued by a certifying entity of the Electronic Certification System of the State.

3 – In those cases in which the digital certificate cannot directly relate the signatory with his/her function and authority to sign, the interested entity shall submit to the platform an official electronic document indicating the power of representation and the signature of the signatory.