Electronic Signature

The Ministry of Digital Transformation of Ukraine explained the rules for the use of electronic signatures in tender proposals and determined that the IES cannot be considered an analog of the QES.

More About the Current Situation

Starting from November 2020, as soon as the EDS was canceled, customers began to indicate in the terms of the tender documents the requirements for suppliers to sign tenders using the QES (Qualified Electronic Signature). But some participants used the IES (Improved Electronic Signature) to sign, considering it an analog of the QES. In response, the customers disqualified the proposals of such participants, for which the latter filed complaints with the AMCU.

Considering the number of complaints regarding the discrepancy between the electronic signatures of the participants and the terms of the tender documents, the AMCU board addressed the Ministry of Digital Transformation of Ukraine with a request to clarify whether the IES can be considered an analog of the QES (letter dated 10/02/2021 No. 20-29/06-1616-PO). That is, is the electronic signature considered qualified if, when checked on the CPO website, it has the following characteristics: signature type – improved, media type – unprotected.

Decision of the Ministry of Digital Affairs Regarding the Use of IES

In response to a request, the Ministry of Digital Transformation of Ukraine reported the following (letter dated 02/16/2021 No. 1/06-3-1587):

"If, based on the results of checking the electronic signature or seal, information appears on the CPO website that the type of signature is "improved", then such a signature cannot be considered qualified."

How to Proceed for Public Procurement Providers?

Taking into account the answer of the Ministry of Finance, we recommend that the suppliers of public procurement act as follows:

1. If it is indicated in the terms of the tender documents that it is necessary to use the QES for the signature, then use it. If you do not have a qualified signature yet, contact the selected AKCC to obtain it.
2. If there is no clause on the mandatory use of the QES in the conditions of the tender documentation, you can sign the tender proposal using the IES or the QES. The use of QES on unprotected media and IES is allowed until December 31, 2021.

However, to avoid any misunderstandings, we still advise you to get the QES on a secure medium (for example, a token) as early as possible. Then your offer will not be rejected due to non-compliance with the requirement for the type of electronic signature, and you will free yourself from unnecessary trouble. Learn more here.

How to Get a QES on a Token?

In addition to AKCC, you can also order a QES directly on the SmartTender.biz page. The partner of the site – a qualified provider of electronic trust services DepositSign – makes it possible to get a QES in the cloud storage. This way you will have access to your key from anywhere and at any time without having to keep any physical media with you. Learn more here.

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