The electronic solemn declaration/authorisation you issue is legally equivalent to a solemn declaration or authorisation bearing certification of authenticity of signature. The electronic solemn declaration and authorisation were instituted by the Legislative Act of 20 March 2020, published in the Government Gazette (PNP — Government Gazette 68A/20.03.2020).
The features of authenticity of the electronic solemn declaration are:
A. The unique verification identifier number
B. The advanced electronic seal of the Ministry of Digital Governance
The electronic solemn declaration is submitted and accepted:
A. as an electronic document circulated through the use of Information and Communication Technologies (ICT), without the need for an electronic signature or any other electronic seal.
B. as a printed document, provided that it is printed from the online application of the Unified Digital Portal of the Public Administration
To access the above services, the user must first be authenticated, as set out in the twenty-fifth article of the PNP.
Methods of authentication for use of services of the Unified Digital Portal
Pursuant to the twenty-fifth article, the user of the Unified Digital Portal gains access to its services after first verifying their identity (authentication).
Identity verification (authentication) takes place after the user selects the credentials either of the General Secretariat for Information Systems of Public Administration of the Ministry of Digital Governance (taxisnet), or of the electronic banking (e-banking) systems of credit institutions, as well as of the Deposits and Loans Fund.
Pursuant to the twenty-sixth article of the PNP, applications drafted through the Unified Digital Portal of the Public Administration have the same legal force, both in their electronic and in their printed form, as documents bearing certification of authenticity of signature under Article 11 of Law 2690/1999.
Electronic solemn declaration
Pursuant to the twenty-seventh article of the PNP, the solemn declaration of Article 8 of Law 1599/1986 (A’ 75) may be drafted on the Unified Digital Portal of the Public Administration, through the electronic application “e-Dilosi”.
The solemn declaration drafted through the Unified Digital Portal of the Public Administration has the same legal force, both in its electronic and in its printed form, as a document bearing certification of authenticity of signature under Article 11 of Law 2690/1999.
The date shown on the advanced or qualified electronic seal of the Ministry of Digital Governance corresponds to the date of issuance of the electronic solemn declaration.
Provided that the conditions of the preceding paragraph are satisfied, the electronic solemn declaration, both as an electronic and as a printed document, constitutes a document of certain date.
In the event of a dispute regarding the content of the solemn declaration or refusal to accept its submission, the General Secretariat for Information Systems of Public Administration of the Ministry of Digital Governance, in its capacity as service provider, has the authority to confirm the content of the solemn declaration, as well as the necessary data regarding the manner in which the authentication of the declaration was carried out.
A record of the electronic solemn declarations drafted is kept in the user’s mailbox for a period of thirty (30) days. This period is calculated from the date and time recorded on the electronic solemn declaration.
This data is communicated either to the declarant, or to the recipient of the solemn declaration, or to anyone who demonstrates a specific legal interest, under the conditions of paragraphs 2, 3 and 5 of Article 5 of Law 2690/1999.
For this purpose, the General Secretariat for Information Systems of Public Administration retains the necessary data for a period of at least seven (7) years.
The recipients who receive the electronic solemn declaration are presumed to act in good faith as to the origin of the electronic solemn declaration from its issuer and bear no liability as to its authenticity.
Electronic authorisation
The authorisation may be drawn up on the Unified Digital Portal of the Public Administration through the electronic application “e-Exousiodotisi”.
The electronic authorisation hereunder does not replace the notarial power of attorney.
The authorisation drafted through the Unified Digital Portal of the Public Administration has the same legal force, both in its electronic and in its printed form, as a document bearing certification of authenticity of signature under Article 11 of Law 2690/1999.
The date shown on the advanced or qualified electronic seal of the Ministry of Digital Governance corresponds to the date of issuance of the electronic authorisation.
Under the conditions of the preceding paragraph, the electronic authorisation, both as an electronic and as a printed document, constitutes a document of certain date.
A record of the electronic authorisations drafted in accordance with the present provisions is kept in the user’s mailbox and in the mailbox of the competent body for a period of thirty (30) days.
In the event of a dispute regarding the content of the authorisation or refusal to accept its submission, the GGPSDD (General Secretariat for Information Systems of Public Administration), in its capacity as service provider, has the authority to confirm the content of the authorisation, as well as the necessary data regarding the manner in which the authentication of the authorisation was carried out, and to communicate this either to the authorising party, or to the authorised party, or to anyone who demonstrates a specific legal interest, under the conditions of paragraphs 2, 3 and 5 of Article 5 of Law 2690/1999. For this purpose, the GGPSDD retains the necessary metadata for a period of at least seven (7) years.
The recipients who receive the electronic authorisation are presumed to act in good faith as to the origin of the electronic authorisation from its issuer and bear no liability as to its authenticity.
How do I issue a solemn declaration or authorisation electronically
To issue the solemn declaration or authorisation you need electronically, you will require:
- your personal access codes for gov.gr or Taxisnet
- your mobile phone number to receive verification codes by SMS
The solemn declaration/authorisation you issue is legally equivalent to a solemn declaration bearing certification of authenticity of signature, and you may either send it electronically or print it and submit it to a public service.
Detailed information at gov.gr
- Read also the article Cybercrime
- Read also the article Forgery
FREQUENTLY ASKED QUESTIONS ON THE ELECTRONIC SOLEMN DECLARATION AND AUTHORISATION
1. Does the electronic solemn declaration have the same legal force as the paper one?
Yes, the electronic solemn declaration issued through the “e-Dilosi” application on the gov.gr Unified Digital Portal has exactly the same legal force as a solemn declaration bearing certification of authenticity of signature under Article 11 of Law 2690/1999. The same applies to the electronic authorisation through “e-Exousiodotisi”. This legal force derives from the Legislative Act of 20.03.2020 (Government Gazette 68A), ratified by Law 4683/2020. It bears a unique verification identifier number and an advanced electronic seal of the Ministry of Digital Governance, features which constitute its marks of authenticity and classify it as a document of certain date.
2. What risks do I face if I submitted a false electronic solemn declaration?
A false solemn declaration, whether drafted electronically or in paper form, is generally punishable by imprisonment of at least three months under Article 22 paragraph 6 of Law 1599/1986. If the false declaration resulted in a financial benefit to the declarant or a third party, or in damage to the State or a third party, the penalty may approach that of fraud against the State (Article 386A of the Penal Code, PK), with markedly stricter sanctions. Authentication via Taxisnet or e-banking links the declaration indisputably to the declarant, so denial of submission is extremely difficult. Immediate consultation with a criminal defence lawyer is required to assess the defence strategy before being summoned to make a defence statement.
3. What do I do if someone issued a solemn declaration using my codes?
This is a serious matter that falls under cybercrime and constitutes computer-related forgery (Article 216 paragraph 3 of the Penal Code, PK), unauthorised access to an information system (Article 370B PK) and possibly computer fraud (Article 386A PK). The victim must immediately change their Taxisnet and e-banking codes, file a criminal complaint with the Prosecutor’s Office of the Court of First Instance (the preliminary investigation is conducted by the Cybercrime Prosecution Directorate), and request from the General Secretariat for Information Systems the authentication data (IP address, time, device). The GGPS retains metadata for at least seven years, a critical element for identifying the perpetrator and exonerating the actual holder of the codes from any criminal or civil liability.
4. Does the electronic authorisation replace the notarial power of attorney?
No, the electronic authorisation through gov.gr expressly does not replace the notarial power of attorney. It covers simple administrative actions where the law is satisfied with an authorisation bearing certification of authenticity of signature, such as receipt of documents, submission of applications to public services, or representation before social security funds. By contrast, for the sale and purchase of real estate, the constitution of a mortgage, the acceptance of inheritance, the formation of a company, or appearance before a court in cases requiring a special power of attorney, a notarial power of attorney remains mandatory. An incorrect choice of type of authorisation in an important transaction leads to nullity of the legal act and to liability of the signatory.
5. How long are the electronic declarations retained, and to whom are they communicated?
In the user’s mailbox, the electronic solemn declaration and authorisation are retained for thirty days from their issuance. However, the General Secretariat for Information Systems of Public Administration retains the necessary metadata for a period of at least seven years, in order to be able to confirm the content and the manner of authentication in case of dispute. This data is communicated to the declarant, to the recipient of the declaration, or to anyone who demonstrates a specific legal interest, in accordance with paragraphs 2, 3 and 5 of Article 5 of Law 2690/1999. It is recommended to save a copy in a personal file after the expiry of the thirty-day period.
6. When do I need a lawyer in a case involving an electronic solemn declaration?
A lawyer is essential where criminal proceedings arise for false solemn declaration, where a third party has issued a declaration using stolen credentials, where a public service disputes the authenticity of the declaration, or where the authorisation has been submitted in a case that required a notarial power of attorney. Likewise, in cases of forgery, unauthorised access to a system and computer fraud, the lawyer drafts and files the criminal complaint with the Prosecutor’s Office of the Court of First Instance, requests metadata from the GGPS, monitors the preliminary investigation, and represents the client before the Cybercrime Prosecution Directorate and the criminal courts. Timely intervention before the defence statement decisively shapes the outcome of the case.