Electronic document

An electronic document is a text, a numerical table, an image or a series or combination of text, tables, or images obtained by digitizing ( converting into a binary code ) have been created or transferred in file form. In a broader sense, the term refers to all types of weakly structured or unstructured information available as a single unit in a computer system as a file.

Definition

The legislator § 130a of Civil Procedure ( ZPO ), entitled " Electronic Document" overwritten, taking on a legal definition given at this point as well as a referral. But in other norms of the Code of Civil Procedure or other laws, the concept of the electronic document is simply assumed. Below each potentially permanent fixing of data on a disk using electronic signal processing is to be understood.

Electronic documents can often be used, if the law of the relevant statement or action, the written form prescribed in § 126 and § 130a ZPO.

Transactions ( contracts) can be completed through the exchange of electronic documents. In court proceedings the court against pleadings, motions, declarations, statements and reports will be issued in electronic form. Conversely, orders and deliveries can be made electronically by the court. Finally, can be written also adopted in electronic form and delivered electronically by authorities decrees, decisions and other administrative acts in place. The electronic document is therefore a key instrument for the implementation of the so-called e- Justice.

Prerequisite in any case, that the person who is to receive an electronic document with this form of communication is in agreement and has set up a corresponding access to the electronic document.

An electronic document is only usually treated as effective if the exhibitor has a qualified electronic signature is added, which unequivocally legitimized him as the author of the document and which is associated with the data submitted, that any subsequent change of the document can be detected. Advanced Signatures can prove that certain attacks on the authenticity of the document are not applicable, and can thus increase the probative value effectively. The referring recipient must, of this signature scheme, the details necessary to its safety and efficiency assert and prove doubts as to the technical and organizational security. Regularly there will be a lack of doing so on information and evidence so that it often is not the evidence by means of electronically signed documents can lead - at least not without a burden of proof. So the burden of proof would still be justified by appearance or presumption, if the security of the signature scheme has been ensured and checked. The 2005 § 371a ZPO newly inserted now granted these same burden of proof; but not for simple or advanced, but just for qualified signatures according to § 2 No. 3 Signatures and also for private and public differently. So you replaced the former § 292a ZPO aF, which is omitted it.

302548
de