Patent attorneys
Applies to: Germany
Encrypted file exchange for patent attorneys
Invention disclosures, drawings, draft applications: anything that gets out before filing can destroy novelty. Sent encrypted, with proof of when they were downloaded.
- Developed & operated in Germany
- End-to-end encrypted
- Contractual confidentiality (§ 203 StGB)
- Signed proofs of delivery
What your professional rules require and how TEPHIA SECURE meets them
| Requirement | How it is met |
|---|---|
| § 39a PAO, § 203 StGB Confidentiality regarding everything that has become known to you in the practice of your profession. | No plaintext on third-party servers Encrypted in the browser before the file leaves your computer. The server holds no key. |
| § 39c PAO For service providers, a contract in text form with a duty of confidentiality, notice of criminal liability, limitation of access and rules for further parties involved. | The contract under § 39c Abs. 3 PAO The duty of confidentiality and the notice of criminal liability are set out in clause 5a of the data processing agreement, which you conclude electronically, in text form, with a copy as a PDF. |
How your proofs are secured
| In every planSignature with our certificate | Add-on · coming soonQualified electronic seal | |
|---|---|---|
| Any change to the PDF invalidates the signature | included | included |
| Timestamp from an independent authority | included | included |
| Hash chain with daily chain seal | included | included |
| Checksum (SHA-256) of every file, confirmed by the recipient | included | included |
| Verifiable online, without an account | included | included |
| Display in Adobe Reader | “Validity unknown”1 | Valid |
| Legal presumption of authenticity (Art. 35(2) eIDAS) | not included | included |
| Useful for | Your records, clients | Courts, authorities, the other party |
1 Not an error: our certificate is not on the EU trust list that Reader recognises. You can check integrity online or using the certificate fingerprint.
- Signature: any change is detected
- Timestamp from an independent authority
- Hash chain with daily chain seal
- Checksum of every file, confirmed by the recipient
- Verifiable online, without an account
- Adobe Reader shows “Valid” instead of “Validity unknown”
- Legal presumption of authenticity (Art. 35(2) eIDAS)
- Useful for courts, authorities, the other party
What else TEPHIA SECURE offers
Proof with a timestamp
A signed PDF/A with a timestamp from an independent time-stamping authority shows when a document was downloaded.
Frequently asked questions
What must the contract with the service provider contain?
Under § 39c Abs. 3 PAO, a contract in text form: a duty of confidentiality with notice of criminal liability, access only as far as the assignment requires, and rules for further parties involved. This is in clause 5a of the data processing agreement, which you conclude electronically during setup. Choosing the provider with care remains your duty.
Do I need consent for every mandate?
As a rule, no. § 39c Abs. 5 PAO requires the client’s consent where a service serves one individual mandate. A file exchange service is general practice infrastructure, like e-mail or cloud storage, not a service for one particular mandate. Whether anything different applies in an individual case is for you to assess.
What does the provider see of my documents?
Not the contents: they are encrypted in the browser, and the server holds no key. What is readable is the information the proof of delivery needs: file names, sizes, times, IP addresses and, if the service sends the link, the recipient’s address. A file name can itself be a secret.
There is no certification of services like this by a professional body, and carefully selecting a service provider remains your responsibility under your professional rules.
The information on the legal position on this page is general information, without any warranty as to completeness or currency, and does not constitute legal advice. Only our contracts are binding.