eSignature Legality in Cameroon

Cameroon has legally recognized electronic signatures since 2010, when the OHADA Uniform Act on General Commercial Law was passed, followed by the Laws on Cyber Security and Cyber Criminality and the Law on Electronic Communication.

The Laws on Electronic Commerce and Cyber Security and Cyber Criminality specifically confirm that contracts cannot be denied enforceability merely because they are concluded electronically.

Applicable Laws

• OHADA Uniform Act on General Commercial Law
• Laws on Electronic Commerce and Cyber Security and Cyber Criminality

Overview

Cameroon's legal system is multi-tiered. This means that Qualified Electronic Signatures are legally recognized as a type of e-signature. This is not to say that a non-QES e-Signature cannot be used in court, but it will require additional evidence.

Types of Electronic Signature

eSignature Legality Summary

Law No 2010/012 of 21 December 2010, relating to cybersecurity and Cybercriminality, Sections 17 & 18 state:

Section 17: The advanced electronic signature shall have the same legal value as that handwritten signature and produce the same effects as the latter.

Section 18: An advanced electronic signature must meet the following conditions:

• The data related to signature creation shall be exclusively linked to the signatory and be under his exclusive control.
• Each modification shall be easily detectable.
• It shall be created using a protected device whose technical characteristics shall be defined by an instrument of the Minister in charge of telecommunications.
• The certificate used to generate signatures shall be a qualified certificate. An instrument of the Ministry in charge of telecommunications shall determine the criteria of the qualification of certificates.

Use Cases

eSignature Legality in Egypt

E-signature is recognized in Egypt since 2004 with the issuance of Law No. 15/2004 on the Electronic Signature and the Establishment of the Information Technology Industry Development Authority (“E-signature Law”) and its Executive Regulation issued by virtue of Communication Minister’s decree No. 109/2005 (the “Executive Regulation” or “ER”).

Applicable Laws

• Executive Directive of Law No. 15/2004 on eSignature and establishment of the Information Technology Industry Development Authority (ITIDA)
• Egyptian Civil Code (Articles 89 & 90)
• Egyptian Trade Law (Article 69)

Overview

The E-signature Law gives the electronic signature the same evidentiary weight as ‘wet ink’ signature if it fulfills a number of conditions and technical requirements. The law also established the Information Technology Industry Development Authority (“ITIDA”) to be responsible for, inter alia, for licensing local and foreign e-signature certificate service providers (“CSP”).

Types of Electronic Signature

eSignature Legality Summary

According to Egyptian law, a traditional signature is not required for a valid contract: contracts are considered valid if legally able individuals reach an agreement (this can be by agreeing verbally, electronically or by physically signing – Articles 89 and 90 of the Egyptian Civil Code and Article 69 of the Egyptian Trade Law).

However, to prove a valid contract, parties may have to present evidence in court. In general, those signatures that are certified by local authorities (Information Technology Industry Development Authority, “ITIDA”) to provide electronic signatures will automatically be admitted into evidence under 14 of the E-Signature Law.

A qualified e-signature shall fulfill the following conditions:

• he electronic signature must be attributable to the signatory exclusively.
  - This requires that the e-signature be created through a secured and encrypted system and be authenticated or attested by an accredited licensed CSP.
• The signatory must have exclusive control over the e-signature intermediary.
  - This requires that the signatory must possess the private encryption key.
• Any changes or amendments to the e-signature must be detectable.
  - Such detection will be through using the public and private key encryption technology or verification of the e-signature authentication certificate.

Other forms of electronic signature which do not meet the above requirements will not be admissible before courts and will not be granted equivalent legal evidentiary weight as a wet ink signature on paper.

eSignatures shall have the determinative effect for evidence if they meet the following requirements:

• The e-signature is for the signer solely
• The signer has sole control over the electronic medium
• Possible discovery of any modification or replacement of the data of electronically written message or e-signature.

Use Cases

eSignature Legality in Morocco

eSignatures are legally valid and admissible in a court of law. Morocco follows a model where eSignatures or digital signatures issued by a Certifying Authority are considered legally valid. Specific use cases for eSignatures are indicated in Law No. 53-05.

Applicable Laws

• Law No. 53-05 on the electronic exchange of legal data,
• Law No. 43-20 relating to electronic transactions' trust services,
• Law No. 07-03 supplementing penal code with regard to offences relating to automated data processing systems,
• Law No. 09-08 relating to individuals protection with regard to personal data processing,
• Law No. 05.20 on Cybersecurity.

Overview

A series of laws have been passed by Morocco for more than ten years because of its awareness of its obligations under international conventions and in order to be in line with partner nations. These laws are detailed above.

Moroccan law stipulates that a handwritten signature is not always required for a contract to be considered valid, and contracts cannot be refused simply because they are electronic. They are usually regarded as such as long as legally capable parties reach an agreement (this can be by agreeing verbally, electronically or by physically signing). Electronic signature solutions can be used to give electronic records that can be used as evidence in court to endorse contracts.

Types of Electronic Signature

eSignature Legality Summary

All documents can be electronically signed except those expressly excluded by Law, which include:

• Notarial deeds,
• Acts relating to the application of the Family Code provisions of the Family Code and private deeds relating to personal or real securities, of a civil or commercial nature.,
• Acts which haves cross-border implications requiring a handwritten signature on paper.

Electronic signature should be provided by an accredited trust service provider, with the legal capacity of a company incorporated under Moroccan law.

Use Cases

eSignature Legality in Nigeria

Electronic signatures have been legally recognized in Nigeria as a result of various sets of laws and amendments.

Applicable Laws

• Nigerian Evidence Act

Overview

The use of electronic signatures is permitted under the Nigerian Evidence Act. To support the existence, authenticity, and valid acceptance of a contract, leading digital transaction management solutions can provide electronic records that are admissible in evidence under Section 93 of the Nigerian Evidence Act.

Types of Electronic Signature

eSignature Legality Summary

Electronic signatures are recognized under the Nigerian Evidence Act, by virtue of Section 93 (3):
93. Proof of signature, handwriting and electronic signature

• If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting.
• Where a rule of evidence requires a signature, or provides for certain consequences if a document is not signed, an electronic signature that rule of law or avoids those consequences.
• An electronic signature may be proved in any manner, including by showing that a procedure existed by which it is necessary for a person, in order to proceed further with a transaction, to have executed a symbol or security procedure for the purpose of verifying that an electronic record is that of the person.

If the law requires a document to be signed, an electronic signature suffices.

Use Cases

eSignature Legality in South Africa

Electronic signatures are legally recognized in South Africa and are provided for by common law and the Electronic Communications and Transactions Act (Act no. 25 of 2002) (“ECTA”).

Applicable Laws

• Electronic Communications and Transactions Act 25 of 2002

Overview

In South Africa, the use of electronic signatures and certificate-based digital signatures are common and frequently used. However, in general, no special procedures are necessary to reach an enforceable agreement, and the majority of contracts do not need to be in written form or signed. Therefore, it is up to the parties to a contract to decide on the formalities that will be followed, such as whether or not an agreement will be signed electronically.

Types of Electronic Signature

eSignature Legality Summary

eSignatures are accepted as legitimate signatures in legal proceedings. The legal status of eSignatures or digital signatures issued by a Certifying Authority is recognized in South Africa under a hierarchical root of trust model. The Electronic Communications and Transactions Act lists specific use cases for eSignatures.

Section 13(2) of the Electronic Communications and Transactions Act (ECTA) highlights that contracts cannot be refused for simply being electronic. These contracts however, may have to be supported in court with additional evidence.

Electronic signature solutions can be used to provide these electronic documents, under section 15 of ECTA.

Use Cases

eSignature Legality in Australia

Since the Electronic Transactions Act in 1999, e-signatures have been recognized as a legal form of signing in Australia.

Applicable Laws

• Australian laws around electronic transactions are complicated by the federal nature of the country’s government. The Electronic Transactions (ET) Act 1999, which is applicable to transactions governed by Commonwealth laws, is the key legislation at the Commonwealth (i.e. national) level. The Electronic Transactions Regulations 2000 then set out which transactions and Commonwealth laws are exempt from the Act, and so require a traditional signature.
• Each State and Territory in Australia has its own electronic transactions laws as well. These laws broadly mirror the Commonwealth ET Act but also contain some specific exceptions that apply when a transaction is governed by the laws of the relevant State or Territory.

Overview

All eSignature formats are recognized by the Electronic Transactions Act and are admissible in court. However, when it comes to citizenship and immigration, Australian law does not recognize electronic signatures. State laws may also have an impact on eSignatures in real estate and family law cases.

Types of Electronic Signature

eSignature Legality Summary

Australian law begins with the premise that, as long as three requirements are met, all forms of electronic signatures are equally valid, enforceable, and admissible as traditional "wet" signatures. They must:

• Identify the signatory and indicate their intention to sign the relevant document or transaction;
• Be either as reliable as appropriate for the purpose of the transaction or document to be signed; or proven in fact, either by itself or in conjunction with other evidence, to identify the signatory and their intention to sign the relevant document or transaction.
• Clearly demonstrate that the person to whom the signature is provided consents to the method of signing used.

Note: If any party is a corporation, it would be necessary to insert the following into the agreement:

• A warranty by the signer that they are duly authorized to sign the contract electronically; and
• If requested, a condition that evidence of authority to execute the contract be provided within a certain period.

Use Cases

eSignature Legality in New Zealand

In New Zealand, eSignatures are regulated under the Contracts and Commercial Law Act 2017 (CCLA). The legal system in New Zealand is open. This means that there are no certain requirements for electronic signature ‘types’.

In almost all cases, the Act considers electronic signatures to be equivalent to wet ink signatures.

Applicable Laws

• The Contract and Commercial Law Act 2017 is the primary piece of legislation governing the use of electronic signatures (CCLA). The term "electronic signature" is defined broadly in CCLA Part 4 and does not distinguish between different types of electronic signatures.

Overview

All eSignature formats are recognized by the Electronic Transactions Act and are admissible in court. However, when it comes to citizenship and immigration, Australian law does not recognize electronic signatures. State laws may also have an impact on eSignatures in real estate and family law cases.

Types of Electronic Signature

eSignature Legality Summary

According to CCLA Part 4, an electronic signature has the same level of enforceability and admissibility as a "wet signature" as long as it meets the following requirements:

• The signing method must identify the signatory and indicate their intent to sign the relevant document or transaction.
• The signing method must be as reliable as possible for the purpose and circumstances in which the signature is required.
• The person receiving the signature must consent to the method of signing used.

The threshold for satisfying the above-mentioned reliability requirement is relatively low, and it is assumed that an electronic signature is "as reliable as appropriate" if:

• The method of creating the electronic signature is linked only to the signatory;
• The means of creating the electronic signature were under the control of the signatory and no other person, and any changes to the electronic signature made after signing are detectable; and
• where the purpose of the legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information after the time of signing is detectable.

Use Cases

eSignature Legality in Canada

Electronic signatures have been legally recognized in Canada since 1999 - with the passage of the Uniform Electronic Commerce Act (UECA).

In almost all cases, the Act considers electronic signatures to be equivalent to wet ink signatures.

Applicable Laws

• Personal Information Protection and Electronic Documents Act (PIPEDA)
• Uniform Electronic Transactions Act (UETA)

Quebec - The Act to Establish a Legal Framework for Information Technology (the "Quebec Act") is Quebec's legislation governing electronic transactions and commerce. Certain requirements concerning electronic transactions and commerce are also governed by the Quebec Civil Code ("CCQ") and the Consumer Protection Act ("CPA").

Overview

In Canada, electronic signature laws are governed at both the federal and provincial levels.

Since the Uniform Electronic Commerce Act (UECA) of 1999, eSignatures have been recognized on a provincial level. This Act has been adopted by nine Canadian provinces.

Under the Personal Information Protection and Electronic Documents Act, eSignatures were accepted at the federal level in 2004. (PIPEDA). The Act permits the use of eSignatures for almost any type of contract and considers them to be as valid as pen and ink signatures.

Types of Electronic Signature

eSignature Legality Summary

According to Canadian law, an e-signature is legally binding if it communicates the necessary intent to be legally bound to an agreement signed electronically. With the exception of Quebec, all Canadian provinces and territories have enacted legislation based on the Uniform Electronic Commerce Act to promote uniformity in electronic commerce (UECA).

The Electronic Signatures in Global and National Commerce Act (ESIGN) 2000 and the Uniform Electronic Transactions Act (UETA) encourage the use of e-signatures when trading. Both ESIGN and UETA emphasize that electronic documents and eSignatures have the same legal standing as traditional methods of contract completion. This demonstrates that electronic documents and signatures cannot be rejected simply because they are electronic. Electronic records and their reproductions are generally admissible into evidence under the Federal Rules of Evidence and the Uniform Rules of Evidence.

Use Cases

eSignature Legality in Mexico

eSignature regulation in Mexico is not standardized. E-signatures are instead administrated by a number of legal bodies and relevant laws/regulations. However, the main laws governing the application of and enforcement of electronic commerce and signatures are detailed below.

Applicable Laws

• The Federal Civil Code
• The Federal Commerce Code

Overview

Mexican law distinguishes between electronic signatures and advanced electronic signatures. Under the Federal Commerce Code, eSignatures were made legal in Mexico in 2003. With few exceptions, the law recognizes electronic signatures on digital agreements as being legally binding.

Types of Electronic Signature

eSignature Legality Summary

An electronic signature is considered advanced" by Mexican law if it is certified by a certification authority and meets the criteria listed below:

• The creation data of the signature corresponds exclusively to the signer;
• At the time of signature, the creation data is under the exclusive control of the signer;
• It must be possible to identify any alteration to the electronic signature (tamper-evident), that occurred after the document was signed;
• With respect to the integrity of a data message, it is possible to identify any alteration to the electronic signature (tamper-evident) that occurred after the moment of the signature; and
• Contains a digital certificate applied by a Government-approved certification service provider.

The legal effects of an electronic signature are the same as those of a handwritten signature, and it can be used as evidence in court.

Use Cases

eSignature Legality in the United States

Electronic signatures are legally recognized in the United States and are provided for in the Electronic Signatures in Global and National Commerce Act (“ESIGN”) and state and territory versions of the Uniform Electronic Transactions Act (“UETA”).

Applicable Laws

• Electronic Signatures in Global and National Commerce Act (ESIGN Act)
• Uniform Electronic Transactions Act (UETA)
• Electronic Signatures and Records Act (ESRA) - applicable in New York

Overview

Throughout the United States, the ESIGN Act grants electronic signatures the same legal standing as handwritten signatures, largely streamlining and accelerating how businesses collect, track, and manage signatures and approvals on agreements and documents of various types.

Types of Electronic Signature

eSignature Legality Summary

The United States follows a two-tier model, with a federal law, ESIGN, 49 states, Washington, D.C., and Puerto Rico enacting their own variants of the UETA, and New York enacting a law similar to UETA. ESIGN and UETA only apply to transaction-related electronic records and signatures.

The Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (ESIGN) in 2000 mean that businesses are able to use e-signatures when trading.

The Electronic Signatures in Global and National Commerce Act (ESIGN) 2000 and the Uniform Electronic Transactions Act (UETA) encourage the use of e-signatures when trading. Both ESIGN and UETA emphasize that electronic documents and eSignatures have the same legal standing as traditional methods of contract completion. This demonstrates that electronic documents and signatures cannot be rejected simply because they are electronic. Electronic records and their reproductions are generally admissible into evidence under the Federal Rules of Evidence and the Uniform Rules of Evidence.

UETA has not been adopted by the state of New York.UETA has not been adopted by the state of New York. However, since 2000, under the Electronic Signatures and Records Act (ESRA), electronic signatures have been legally binding in New York. This law established the legal equivalence of electronic and handwritten signatures in broad terms.

InNew York, electronic signatures have the same legal validity as handwritten signatures. They are admissible in a court of law as long as they comply with the rules of evidence.

Under both the ESIGN Act and UETA, electronic signatures are given the same evidentiary weight as handwritten signatures in most cases in the United States.

Use Cases

eSignature Legality in Argentina

Electronic signatures are legally recognized in Argentina as provided for in Law 25,506, as amended, including by Law 27,446, [Regulatory] Decree 182, of 2019, and the Civil and Commercial Code, including Article 286, Article 288, and provisions on applicable law.

Applicable Laws

• Electronic and digital signatures are distinguished under Argentine law and are subject to the following laws and regulations:
• Signature Law; Law 25,506, as amended by Law 27,446 on 2016, regulates the use and legal effects of electronic signatures and digital signatures in Argentina. Decree 182/2019 further regulates in detail Law 25,506;
• Argentine Civil and Commercial Code; Section 288 of the Argentine Civil and Commercial Code recognizes the validity of digital signatures inserted in digital instruments.

Overview

In Argentina, "wet" signatures are used on the vast majority of legal documents because electronic and certificate-based digital signatures are not widely used there. However, the use of digital signatures in the public sector has grown recently, with many governmental organizations promoting them for third-party filings as well as using them for internal processes. Additionally, the business community is familiar with digital and electronic signatures governed by foreign laws, and therefore, Argentina is expected to see an increase in electronic document signing.

Types of Electronic Signature

eSignature Legality Summary

Argentine is considered a “civil law country,” which means its legal system is based on a series of codes and laws that are applied in accordance with the parties involved by the court system instead of within a system of jurisprudence. That being said, the central government of Argentina is involved in important decision-making and with essential interpretation and dictation of the law.

Within civil law governments, codes and decrees are often updated or changed to serve the purpose of current needs or changes required.

Documents and agreements that are not required to be in a particular legal form requirement can be executed in the fashion agreed between the parties, such as verbally, electronically or in a physical paper document) (Section 1017 of the Civil and Commercial Code). Specific legal forms can be requested in the form of a hand-written signature or, in some cases, public deed.

Documents signed with digital signatures are presumed to: (i) be signed by the signatory registered with the certifying licensee, and (ii) have its content unaltered. If a party denies the authorship of the digital signature, then such party must evidence his/her position.

Moreover, digital signatures are considered effective to fulfil any handwritten requirements set forth by local regulations but will not be sufficient to substitute public deed requirements.

Documents signed with electronic signatures do not have the legal presumptions mentioned under (i) and (ii) above. Electronic signatures do not meet the requirement of written form by the parties, therefore the document executed electronically could be challenged not only in relation to its existence but also to its content.

In terms of enforceability,digital signatures carry a presumption of validity while electronic signatures do not. Accordingly, if an electronic signature is challenged, the holder of the electronic signature must show evidence that the signature is authentic.

Traditional “wet” signatures must be used for the following documents:

• Documents related to the death of a person (including wills and inheritance matters);
• Documents related to family law matters;
• Documents related to the rights or obligations inherent to an individual (derechos personalisimos).

The following documents can only be executed by public deed:

• Documents Real estate purchase agreements (including their amendments);
• Any other agreements that involve any real estate litigious credits;
• Any other agreement ancillary to a public deed; and
• Any other agreement that should be executed by public deed according to a specific law.

Use Cases

eSignature Legality in Brazil

Brazil has legally recognized e-signatures since 2001, with the passage of the Medida provisoria 2.200-2 (Provisional Measure No. 2200-2/2001, as amended by Law No. 14063/2020).

Applicable Laws

The main laws and regulations that govern the use of electronic signatures and digital signatures in Brazil include:

• The Brazilian Civil Code: Article 104, III of the Brazilian Civil Code: establishes the freedom of contract forms, meaning that a legal agreement is valid if it is in a form either prescribed by law or not explicitly prohibited by law.
• The Provisional Executive Act 2.200-2 (“MP 2200”): The Provisional Executive Act of August 24, 2001 provides for the validity of general electronic agreements signed with a digital signature.

Overview

In Brazil, the use of electronic and certificate-based digital signatures is evolving, and their acceptance among businesses and government agencies is increasing. This process has recently accelerated, with more laws and interim measures governing the use of electronic or digital signatures, and more businesses, governmental bodies, and entities beginning to use and accept electronically or digitally signed documents.

However, handwritten signatures are still widely accepted and the option to sign by this method still stands.

Types of Electronic Signature

eSignature Legality Summary

Electronic signatures that comply with the Brazilian Civil Code and MP 2200 are considered to have the same legal effect as a handwritten signature. Furthermore, digital signatures backed by ICP-Brasil are granted a legal presumption that the signature belongs to the person who signed and that the content of the electronic document remains unchanged.

Electronic signatures created outside of ICP-Brasil, on the other hand, do not carry this legal presumption, and the authorship and integrity of the document may be proven.

Use Cases

eSignature Legality in Chile

Chile has legally recognized e-signatures since 2002, with the passage of The Act on Electronic Documents, Electronic Signatures, and Certification Services of Signatures.

Applicable Laws

• Law 19,799, as amended (Law 19,799), regarding electronic documents, electronic signature, and certification services for electronic signature
• Decree N° 181/2002 of the Ministry of Economy, Development, and Reconstruction as amended, regulation of Law 19,799
• Decree No. 24. of the Ministry of Economy, Development and Tourism which Approves Technical Standard for the provision of the Advanced Electronic Signature certification service
• Several technical regulations

Overview

eSignatures are legally valid and admissible in a court of law. Chile follows a hierarchical root of trust model where eSignatures or digital signatures issued by a Certifying Authority are considered legally valid. Specific use cases for eSignatures are specified in the Act.

Types of Electronic Signature

eSignature Legality Summary

Act N°19.799 of Chilean law emphasizes that a handwritten signature is not always required for a contract to be considered credible, and that contracts cannot be refused simply because they are electronic. They are usually regarded as such as long as legally capable individuals reach an agreement (this can be by agreeing verbally, electronically or by physically signing something).

Parties may be required to present evidence in court to prove the validity of a contract. To support the existence, authenticity, and valid acceptance of a contract, leading digital transaction management solutions can provide electronic records that are admissible in evidence under Section 3 of Act N°19.799.

Use Cases

eSignature Legality in Columbia

eSignatures are legally valid and admissible in court. Colombia adheres to a hierarchical root of trust model in which eSignatures or digital signatures issued by a Certifying Authority are legally valid. Colombian law stipulates specific use cases for eSignatures.

Applicable Laws

The laws governing electronic and digital signatures in Colombia include:

• Law 527 of 1999 regulates e-commerce and provides the basis for the existence and enforceability of digital signatures.
• Decree 2364 of 2012 differentiates between electronic signatures and digital signatures as a specific type of electronic signature.

Overview

Electronic signatures and certificate-based digital signatures are widely used in business and commerce in Colombia. In general, any document that requires a signature can be signed electronically.

Types of Electronic Signature

eSignature Legality Summary

Colombia has legally recognized e-signatures since 1999, with the passage of the Law 527 “Legal evidential validity of data messages” and later regulated with regards to e-signature by Decree 2364 of 2012.

According to Decree 2364, an electronic signature (or e-signature) is any mechanism such as codes, passwords, biometric data or cryptographic passwords that allows the identification of an individual in relation with a data message, as long as the mechanism is reliable and suitable for the purposes for which the signature is being used. Decree 2364 states that when a signature is required, an e-signature can be used if it is reliable and appropriate for the purposes of the message. An e-signature is deemed reliable if:

• The data used for the creation of the signature is owned exclusively by the signer; and
• It is possible to detect any unauthorized modification to the data message after the data message was signed.

A Digital signature is a type of electronic signature that is verified through a digital certificate. The digital signature’s main characteristic is that there is a certificate issued by an authorized entity that states and guarantees the validity of the signature and the identity of the signer. Additionally, Article 28 of Law 527 provides that a digital signature must be:

• Unique to the person that uses it (the signer);
• Verified (meaning that it is possible to verify that it was used by the signer);
• Under the exclusive control of the person that uses it
• Linked to the information or the message that was signed in a way that if the information is modified, the signature is no longer valid;
• Constructed in accordance with any additional applicable regulations.

Electronic and digital signatures are equally as enforceable as handwritten signatures under Colombian law. However, a digital signature is generally considered more reliable because it is supported by a digital certificate.

Use Cases

eSignature Legality in Ecuador

Since the Law on Electronic Commerce, Electronic Signatures, and Data Messages was passed in 2002, e-signatures have been considered legal in Ecuador, giving businesses the option to use them while trading.

Applicable Laws

• Law on Electronic Commerce, Electronic Signatures and Data Messages (2002)

Overview

The Electronic Commerce, Electronic Signature, and Data Messaging Law (in Spanish, Ley de Comercio Electrónico, Firmas Electrónicas, y Mensajes de Datos) has regulated electronic signatures in Ecuador since 2002.

In summary, the Electronic Signature is defined by this law as data in electronic formats that can be used to identify the owner or holder of the signature and indicate that such owner approves and recognizes the information provided in a specific document. This enables the owner of the Electronic Signature to validate and grant the same legal effects to a document as if it were a handwritten signature, regardless of where it was granted, giving such document the quality of evidence.

Types of Electronic Signature

eSignature Legality Summary

A written signature is not required for a valid contract under Ecuadorian law; contracts are generally valid if legally competent parties reach an agreement, whether verbally, electronically, or in a physical paper document. Contracts cannot be denied enforceability simply because they are concluded electronically, according to the Law on Electronic Commerce, Electronic Signatures, and Data Messages and the General Regulation to the Law on Electronic Commerce, Electronic Signatures, and Data Messages.

Parties may be required to present evidence in court to prove the validity of a contract and this is why Qualified Electronic Signatures are recommended.

Use Cases

eSignature Legality in Peru

Electronic signatures are legal in Peru, and are recognized by the Peruvian Civil Code, Law 27269 - Law of Digital Signatures and Certificates, and Supreme Decree N° 052-2008-PCM - Regulation of the Law of Digital Signatures and Certificates (collectively, "Peruvian Law").

Applicable Laws

• Signatures and Digital Certificates Law (Law No. 27269) (2000)

Overview

The use of electronic records and signatures is governed by Peruvian law. As a general rule, Peruvian Law establishes that any contract entered into by virtue of a manual, written, electronic, and/or digital signature is enforceable before the courts, as long as it can be proven that the parties expressed their willingness to execute the contract and that the law does not require any additional formality for its celebration.

Types of Electronic Signature

eSignature Legality Summary

DSOESI signatures are given a legal presumption under Peruvian law, which reduces the possibility that the special kind of electronic signature will be revoked or disregarded.

The person relying on the signature may need to provide additional proof proving its validity if a non-DSOESI signature is used and its validity is contested. Evidence of (i) signer authentication; (ii) signer consent, including consent to use the particular type of electronic signature at issue; (iii) no tampering after application of the signature; and (iv) an audit log that captures all signer actions.

Use Cases

eSignature Legality in Slovakia

As a European Union (EU) Member State, Slovakia is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

eIDAS applied to Slovakia in 2016 and states that “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.” Following the eIDAS regulation, eSignatures are now legally valid in all EU member states.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

A qualified electronic signature is equivalent to a handwritten signature in Slovakia. This means that;

• In cases where the law requires that the agreement is to be made in writing and if the parties want to conclude the agreement electronically, qualified electronic signatures should be used.
• Most documents and contracts that do not require a written form (such as an email, PDF), can be signed using a non-qualified electronic signature.

Use Cases

Key Restrictions

• The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, land titles, may still require written, paper communications.

eSignature Legality in Germany

As a European Union (EU) Member State, Germany is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

Electronic signatures are legally recognized in Germany and are provided for in eIDAS Regulation No. 910/2014 and law implementing eIDAS, the so-called Trust Services Act (Vertrauensdienstegesetz - VDG) that aims to facilitate the use of electronic trust services in Germany.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

To ensure effective enforcement, Germany has additionally adopted a law implementing eIDAS, the so-called Trust Services Act (Vertrauensdienstegesetz or VDG) that aims to facilitate the use of electronic trust services in Germany. The law went into force on 29 July 2017.

Any type of electronic signature is adequate to conclude a contract if there is no statutory form requirement, as long as both parties have agreed to use an electronic form and no other intention is discernible. It is important to note that a QES has greater evidentiary value than a non-qualified electronic signature when choosing the type of electronic signature to utilize. If a non-QES is utilized, it is the responsibility of the signature holder to show that the document's content has been preserved in its entirety.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

The German Civil Code includes the relevant German national regulations (BGB). German law contains many provisions which set forth certain form requirements, particularly the “written form”. The written form is, for example, required by the German Civil Code for canceling a rental contract, the notification of an assignment of rights, or the assignment of rights underlying a mortgage. The BGB contains various “forms” for which specified types of declarations must be in to be valid, for example (i) “written form,” (ii) “text form,” and (iii) “agreed form.” The BGB states that the written form may be replaced by electronic form, unless the statute leads to a different conclusion.

eSignature Legality in Liechtenstein

Although Liechtenstein is a member of the United Nations and the European Free Trade Association, it is not a member of the European Union.

However, in 2018, Liechtenstein adopted the eIDAS regulation which states that "An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures."

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

Liechtenstein has legally recognized eSignatures since 2003 and in 2018, adopted the eIDAS regulation.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Liechtenstein's legal system is based on the District Court, the Superior Court, and the Supreme Court. All three are located in the capital city of Liechtenstein.

Since the implementation of Directive 1999/93/EC in Liechtenstein, qualified electronic signatures (QES) are accepted as being equivalent to handwritten signatures.

A qualified electronic signature (QES) is a signature that comes with a qualified certificate. Because a QES is created by using a secure signature creation device, it is the most secure type of electronic signature.

A standard electronic signature (SES), on the other hand, is an electronic signature in which there is no clear confirmation of who signed the document. These signatures are frequently scanned or typed. An SES will not be automatically denied acceptance in court, but further evidence may be necessary because an electronic signature is easier to counterfeit than a handwritten signature.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in Lithuania

As a European Union (EU) Member State, Lithuania is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

eIDAS applied to Lithuania in 2016 and states that "An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures."

As a result of the eIDAS regulation, eSignatures are now legally valid in all EU member states.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in Ireland

As a European Union (EU) Member State, Ireland is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• Electronic Commerce Act - Section 22

Overview

The Electronic Commerce Act 2000 (the Act), in addition to the eIDAS Regulation, is the primary legislative instrument governing electronic signatures in Ireland. The Act was enacted to incorporate the eIDAS Regulation into Irish law, and it provides for the legal recognition of electronic signatures in Irish law, as well as the acceptance of electronic signatures as evidence in Irish courts.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

In Section 2 of the Electronic Commerce Act, it states;

(b) an electronic signature—

• on the sole ground that the signature is in electronic form, or is not an advanced electronic signature, or is not based on a qualified certificate, or is not based on a qualified certificate issued by an accredited certification service provider, or is not created by a secure signature creation device, or
• if it is the best evidence that the person or public body adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form.

The advanced electronic signature based on a qualified certificate is a type of electronic signature that is unique to Ireland. This type of electronic signature goes beyond the eIDAS Regulation's definition of an Advanced Electronic Signature (AdES), but not quite as far as the definition of a qualified electronic signature (QES).

The advanced electronic signature based on a qualified certificate is most commonly used for documents that must be signed and witnessed. Accordingly, if a document is required to be signed and witnessed using electronic signatures, then both the signatory and witness can sign using an advanced electronic signature based on a qualified certificate. Since this type of signature is unique to Irish law and is not generally used, it is reasonable to conclude that the use of a QES for signatures that require to be witnessed should be accepted by an Irish court. Furthermore, the Act does not restrict documents from being executed by other means in the presence of a witness.

Each party signing a document must consent to the use of an e-signature under the 2000 Act. While this consent does not have to be explicit and can be implied or inferred (for example, via contemporaneous emails), it is best practice to acquire express consent between the parties wherever possible (e.g., by including a consent clause in the relevant document).

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in Luxembourg

As a European Union (EU) Member State, Luxembourg is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• The Luxembourg Law of 14 August 2000 on electronic commerce (eCommerce Law) which transposed the EU Directive 2000/31/CE on e-commerce into Luxembourg law.

Overview

Electronic signatures are legally recognized in Luxembourg as stated in eIDAS Regulation No. 910/2014 and the Luxembourg law on electronic commerce of 14 August 2000.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Luxembourg enacted the E-Commerce Law in order to fully comply with European Regulation 910/2014 on electronic identification and trust services (the “eIDAS Regulation”). The E-Commerce Law repealed or amended any provisions of the previous Luxembourg law of August 14, 2000, that were not in line with the eIDAS Regulation.

The E-Commerce Law also repealed provisions under which no person may be forced to sign electronically as this was inconsistent with other Luxembourg laws (e.g., some filings with the Luxembourg trade and companies register already required e-signatures). This modification is expected to encourage signatories to execute documents electronically.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in North Macedonia

The Republic of North Macedonia enacted the Law for Electronic Documents, Electronic Identification and Confidential Services (“New Law”), which is in line with Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS).

Applicable Laws

• The Republic of North Macedonia, enacted the Law for Electronic Documents, Electronic Identification and Confidential Services (“New Law”) which falls in line with eIDAS requirements
• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

eIDAS applied to North Macedonia in 2020 and states that “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.”

All types of electronic signatures are recognized although Qualified or Advanced signatures should be used for the majority of legally binding contracts.

Types of Electronic Signature

eSignature Legality Summary

The Republic of North Macedonia enacted the Law for Electronic Documents, Electronic Identification and Confidential Services (“New Law”), which is in line with Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market. The New Law applied as of 1 September 2020.

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; standard (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Use Cases

Key Restrictions

In certain cases, the Current Law explicitly excludes the use of electronic signatures. Such cases include:

• Documents requiring notary certification/solemnization - neither the Standard Electronic Signature nor the Advanced Electronic Signatures can be used (a handwritten signature is required). Some examples would include: (i) agreements for sale and purchase of real estate; (ii) agreements for the gift of real estate; (iii) agreements for the assignment of real estate during the person's life; (iv) agreements for lifelong support; (v) agreements for transfer of industrial property rights; (vi) share purchase agreements; (vi) registered pledge agreements such as share pledge agreements, mortgage agreements, etc.
• Documents requiring handwritten signatures before a competent court (e.g. court testament, minutes, etc.) - neither the StandardElectronic Signature nor the Advanced Electronic Signatures can be used.

eSignature Legality in Serbia

The Serbian Law on Electronic Document, Electronic Identification, and Trust Services in Electronic Business ("Official Gazette of RS", No. 94/2017 and 52/2021, the "Law") is completely consistent with the EU eIDAS regulation, and it defines electronic, advanced, and qualified electronic signatures in the same way.

Applicable Laws

• The Serbian Law on Electronic Document, Electronic Identification, and Trust Services in Electronic Business ("Official Gazette of RS", No. 94/2017 and 52/2021, the "Law")
• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

The Law defines the E-signature as a set of data in electronic form that are associated or logically connected with other (signed) data in electronic form so that the integrity of that data and the identity of the signatory are confirmed by an electronic signature.

The Law, which defines three types of electronic signatures (“simple” electronic signature, advanced electronic signature and qualified electronic signature), provides that an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or does not meet the requirements of a qualified electronic signature, which is explicitly given the same legal effect as a handwritten signature.

Types of Electronic Signature

eSignature Legality Summary

In terms of evidentiary value, in the case of a “simple” electronic signature and an advanced electronic signature, the burden of proof for proving the authenticity of the electronic signature lies with a person claiming its authenticity. In cases of qualified electronic signatures, their authenticity is presumed.

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Use Cases

Key Restrictions

• Under Serbian Law on Contracts and Torts, the written form is required for the following agreements:
  • Legal transactions by which property rights to real estate are transferred or by which some other real right to real estate is established, including mortgage and loan agreements;
  • Cases regulated by the inheritance law, such as a testament;
  • Agreements regulating property relationships between spouses; and
  • Other agreements that are to be concluded in the form of a notarial deed (e.g. share pledge agreements, share purchase agreements, etc.).
• Not all government agencies are currently technically able to process electronic papers, thus even documents that can be signed with a qualified electronic signature may still need to be submitted on paper with a wet ink
• Safe electronic storage of documents that in their original form contain a qualified electronic signature(s) or a seal as confirmation of the integrity and origin of these documents, as well as safe electronic storage of documents prepared for storage as described above, whose fidelity to the original document and accuracy of additionally included data is confirmed by a qualified electronic signature or seal, are done by using procedures and technological solutions that provide the ability to prove the validity of a qualified electronic signature or seal during the entire storage period.

eSignature Legality in Hungary

As a European Union (EU) Member State, Hungary is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Key legislation that govern the use of electronic signatures in Hungary, in addition to the eIDAS Regulation, include:

• General Rules for Trust Services and Electronic Transactions, Act 222 of 2015
• Government Decree 451/2016 (XII.19.) on the detailed rules of electronic transactions
• Hungarian Code of Civil Procedure, Act 133 of 2016 which establishes legal presumptions based on the form of document
• Hungarian Civil Code, Act 5 of 2013

Overview

Hungary, a member of the EU, has legally recognized eSignatures since 2001, with The Act on Electronic Signature, established after the implementation of the EU Directive in 1999.

Due to the legal ambiguity surrounding the concepts of "written form" and "private document with full probative force" under Hungarian law, the use of electronic signatures is generally uncommon in Hungary. Nevertheless, the Hungarian business community is increasingly accepting and using electronic signatures and digital signatures based on certificates.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

The Hungarian Civil Code states that a legal declaration can only be considered valid if it is made in the exact form that is required by law or by the parties' agreement. In addition, if the written form is necessary, the contract is regarded as legitimate if:

• at least the key points of the statement are executed in writing; or
• the person making the statement has signed using a handwritten signature, unless otherwise specified by law; or
• it is possible to retrieve the unaltered information from the document, identify the person making the legal statement, and identify the time when the legal statement was made

According to the general view in Hungary, the requirement for the written form may be satisfied by a qualified electronic signature (QES) or an advanced electronic signature (AdES). However, there are court decisions that have accepted simple (or basic) electronic signatures as the written form. Hence, emphasizing that the Hungarian courts will determine whether an electronic signature on a legal statement meets the requirement of the written form on a case-by-case basis.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in Switzerland

Electronic signatures are legally recognized in Switzerland and their use is covered in the Federal Act on Electronic Signatures (“EAS”), also referred to as ZertES, and the Swiss Code of Obligations (“CO”).

Applicable Laws

There are two main laws covering the use of electronic signatures in Switzerland.

• Swiss Federal Act on Electronic Signatures (FAES) - which defines four types of electronic signatures, regulates the conditions under which service providers may use certification services with electronic signatures and provides a framework outlining the provider's obligations and rights applicable to the provision of certification services.
• The Swiss Code of Obligations (CO) - generally considers a certificate-based digital signature to be equivalent to a handwritten signature if it is based on an authenticated digital certificate issued by an accredited provider of certification services in Switzerland.

Overview

ZertES serves the same purpose as eIDAS (a similar electronic signature statute in the European Union). These two eSignature regulations govern the activities of electronic certification services and specify the requirements for each type of electronic signature.

Types of Electronic Signature

eSignature Legality Summary

Under Swiss procedural law as governed by the Swiss Civil Procedure Code, Swiss courts are free in their appraisal of the evidence presented to them, and there is no preference by law for certain forms of evidence. As a result, an electronic signature cannot be denied legal effect and admissibility as evidence in legal proceedings solely because it is in electronic form or does not meet the requirements for a QES.

However, if a SES or AES is used, the holder of the signature must demonstrate that the integrity of the document's content was preserved. Furthermore, while SES, AES, and RES may not be denied legal effect and admissibility as evidence, it does not necessarily mean that they will receive the same legal treatment as a handwritten signature.

Only a QES combined with an authenticated stamp has the same legal effect as a handwritten signature in Switzerland.

Use Cases

Key Restrictions

Declarations and contracts that require notarization cannot be electronically signed. A notarization is required in the following example cases:

• Contracts by which one party agrees to transfer or acquire ownership of a plot of land;
• Transfer of the ownership of a plot of land, the encumbrance of a plot of land with a right, and the transfer or encumbrance of such a right;
• Certain declarations and contracts under family law and under laws of succession.
• Documents requiring notarization or public certification such as:
  • Marriage and inheritance contracts
  • Real estate transactions
  • Establishment of legal entities, corporations, or foundations (as well as the amendment of their statutes)
  • Assignment of claims, bankruptcy

eSignature Legality in Sweden

As a European Union (EU) Member State, Sweden is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Next to the eIDAS Regulation, the key laws in Sweden that regulate the use of electronic signatures include:

• The Swedish Act (2016:561) and Ordinance (2016:576) supplements the eIDAS Regulation in Sweden and regulates the investigative powers and authority that certain supervisory bodies have in relation to electronic and digital signatures; and
• Swedish Post and Telecom Authority (PTS) Guideline clarifies requirements for trust service providers in Sweden.

Overview

Electronic signatures and certificate-based digital signatures are becoming more popular in Sweden, particularly in the business sector, where electronic signatures facilitate contracting processes in a digital environment.

Types of Electronic Signature

eSignature Legality Summary

According to Swedish law, handwritten signatures are not required for contracts to be considered legitimate. They are considered such as long as legally capable individuals have made an agreement (which can be done verbally, electronically, or physically). This is stated in Chapter 35 Section 1 of the Swedish Code of Judicial Procedure, but more evidence may be required to support it.

Since July 2016, the eIDAS regulation has meant that all companies in the EU comply with each other’s e-Signature regulations. Standardizing them across Europe.

Use Cases

Key Restrictions

In Sweden, the general rule is that a contract can be entered into without following any special form requirements. Some contracts in Sweden, however, are subject to a specific form and so require a traditional handwritten signature. Examples are:

• Transfers of real estate
• Wills
• Share certificates, issue certificates and convertibles
• Pre-nuptial agreements
• Employee termination letters
• Certain applications to administrative authorities (e.g., a bankruptcy petition)

eSignature Legality in Latvia

As a European Union (EU) Member State, Latvia is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

As an EU member country, Latvia has legally recognized eSignatures since 2003, with The Electronic Documents Act established after the implementation of the EU Directive in 1999.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Legally competent parties may agree verbally, electronically, or in a physical paper document, and contracts are generally enforceable under Latvian law regardless of whether a written signature is required (Article 1405 of Civil Code). Unless the legislation specifies a specific format requirement, documents signed using an electronic signature (SES) can satisfy the written form requirement under Latvian law and be used.

Parties occasionally need to provide proof in court to demonstrate a legitimate contract. To give SES the same legal standing as QES, the parties may, however, first agree in writing (for example, on paper with an ink signature or electronically with QES) before using SES.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in Romania

As a European Union (EU) Member State, Romania is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• Law no. 455/2001 on electronic signatures
• Law no. 451/2004 on time stamps
• Emergency Ordinance no. 38/2020 on the use of electronic documents by public authorities and institutions
• The Civil Procedure Code which states that an electronic signature is valid if it respects the provisions of the applicable legislation

Law no. 455/2001 provides two types of electronic signatures: (i) the standard electronic signature; and (ii) the extended electronic signature. An extended electronic signature is similar to an advanced electronic signature (AdES) under the eIDAS Regulation.

Overview

As an EU member-country, Romania has legally recognized eSignatures since 2001, with The Electronic Signature Law, established after the implementation of the EU Directive in 1999.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Legally competent parties may agree verbally, electronically, or in a physical paper document, and contracts are generally valid under Romanian law regardless of whether a formal signature is required (Article 1166 of the Romanian Civil Code). To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records that are admissible in evidence under Article 266, 267, corroborated with Articles 283, 284 or 310 of the Romanian Civil Procedure Code, to support the existence, authenticity and valid acceptance of a contract.

Therefore, a document in electronic form signed with an Extended Electronic Signature (based on a qualified certificate not suspended or revoked at that time) is equivalent, in terms of its conditions and effects, to a document signed in a person’s own hand.

Use Cases

Key Restrictions

In Romania, documents that generally require the use of a handwritten signature include:

• Wills
• Documents for registration or transfer of shares or corporate changes with the Trade Registry
• Employment contracts (including amendments/ annexes)

eSignature Legality in Russia

Electronic signatures are legally recognized in Russia and are provided for in Federal law No. 63-FZ of 6 April 2011 "On Electronic Signature" ("Federal Law 63-FZ").

Applicable Laws

• The Federal Law of the Russian Federation No. 63-FZ “On Electronic Signature.

Overview

Russian law (Clauses 158 - 160 of Russian Civil Code), highlights that contracts don't need a handwritten signature to be seen as valid. They are regarded as such as long as legally able individuals have reached an agreement (this can be by agreeing verbally, electronically or by physically signing a document).

Types of Electronic Signature

eSignature Legality Summary

eSignatures are legally valid and admissible in a court of law. Russia has legally accepted electronic signatures since the Federal Law of the Russian Federation No. 63-FZ “On Electronic Signature” was passed on 6th April 2011. In accordance with Russian law, a written signature is not necessarily required for a contract to be enforceable - contracts are generally valid if legally competent parties reach an agreement, whether they agree in a physical paper document and in some instances electronically or verbally (Clauses 158 - 160 of Russian Civil Code). To substantiate a valid contract, parties sometimes have to present evidence (a document signed with an e-signature) in court.

Use Cases

Key Restrictions

• Power of attorney, which requires notarization
• Documents requiring state registration, such as long-term real estate or rent agreement

eSignature Legality in Turkey

Electronic Signature has been recognized by law in Turkey since 2004, with the passage of The Electronic Signature Law No. 5070.

Applicable Laws

The following laws is vital to enforce the validity, legality and admissibility of eSignatures in Turkey:

• The Electronic Signature Law No.5070
• Turkish Code of Obligations No.6098
• Regulation on the Procedures and Principles Pertaining to the Implementation of Electric Signature Law
• Communiqué on Processes and Technical Criteria Regarding Electronic Signatures
• Information and Communication Technologies Board's Decision no.2006/DK-77/353 regarding security requirements for signature creation application and electronic signature format, dated 1 June 2006.

Overview

Turkish Commercial Code under Articles 14 (2) and 15 (1) extend equal enforceability to documents executed by secure electronic signatures as handwritten signatures. A contract under Turkish law is held valid, even in absence of a written signature, if legally competent parties reach an agreement, whether in form of verbal, electronic, or traditional paper documents.

In Turkey, an Electronic Certificate Service Provider should be used when a secure electronic signature is required. Electronic Certificate Service Providers are defined by the E-Signature Law as public entities or establishments, natural persons, or private law legal entities that provide qualified electronic certificates, time-stamping, and other services related to secure electronic signatures. To meet the foregoing standards, an electronic signature must be certified by:

• an electronic qualified trust services provider established in Turkey; or
• a qualified trust services provider established outside Turkey but whose certificates are accepted by an electronic certificate service provider established in Turkey.

Types of Electronic Signature

eSignature Legality Summary

Electronic signatures can be used in electronic contracting (Law on Electronic Signatures). Signing with an eSignature has the same effect as signing with a handwritten signature. They are usually used for electronic contracts or documents where one of the parties is a governmental agency (e-state documents).

Electronic signatures must meet the following requirements to have the same legal effect as handwritten signatures:

• The eSignature must be provided through an electronic certificate service provider (ECSP) with a license obtained from the Information and Communications Technologies Authority.
• The ECSP must have the relevant certificates that are listed in the Communiqué on Processes and the Technical Criteria on Electronic Signatures (E-signature Communique).

Electronic signatures can be used in all transactions except for those subject to a specific form, such as real estate sale contracts.

In the Law, a secure electronic signature is defined as a signature that;

• is connected exclusively to the signatory;
• is generated by a tool to create a secure electronic signature only at the discretion of the signatory;
• allows for the detection of the signatory through a digital certificate*; and
• allows for the detection of any subsequent changes to the signed electronic data."

Use Cases

Key Restrictions

Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial processes that are not usually compatible with electronic signatures or digital transaction management.

• notarization/land registry - contracts for the sale of real property and deeds
• notarization/land registry - certain contracts under family law, such as marriage contracts
• notarization/land registry - certain contracts under inheritance law, such as wills
• notarization/land registry - securitization contracts
• notarization/land registry - articles of incorporation of a company
• notarization/land registry - IP transfer agreements

eSignature Legality in Finland

As a European Union (EU) Member State, Finland is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• The Finnish Act on Strong Electronic Identification and Electronic Trust Services (617/2009) which is the most important legal instrument in the context of electronic signatures in Finland as it implements and supplements the eIDAS Regulation.
• The Finnish Act on Electronic Services and Communication in the Public Sector (13/2003) which regulates how the public sector can sign documents electronically.

Overview

The prevailing rule in Finland is one of freedom of contracting, which means that contract contents and signing requirements are typically unregulated. As a result, commercial contracts are not obliged to be in a specific format and can be signed electronically if the parties decide.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Unless a contract is signed using a Qualified Electronic Signature (QES) as defined in the eIDAS Regulation, the holder of the electronic signature is responsible for proving that the contract was concluded electronically and that the signatories had the actual or apparent authority to enter into the contract in question. Furthermore, courts have only an a posteriori authority over whether or not electronic signatures can be used.

Although there have only been a few cases in which the courts have addressed the validity of electronic signatures, these rulings indicate that they are generally conversant with the regulations governing them.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

Use cases that strictly prohibit the use of digital or electronic processes or include explicit requirements, such as formal notarial procedures or handwritten (for example, with wet ink) signatures, are typically incompatible with electronic signatures or digital transaction management.

• notarization - real property transfer contracts and deeds (except leases - see above)(Finnish Code of Real Estate - Maakaari 540/1995)
• witnesses - testament (Code of Inheritance, Perintökaari 40/1965)

eSignature Legality in Malta

As a European Union (EU) Member State, Malta is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

eIDAS applied to Malta in 2016 and states that “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.” Following the eIDAS regulation, eSignatures are now legally valid in all EU member states.

Both Advanced and Qualified electronic signatures are recognized in Malta and may be used to sign most documents.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Electronic signatures have been regulated in Malta for quite some time through the Electronic Commerce Act, however, this Act was later repealed to bring Maltese law in line with eIDAS, and are now regulated by the E-Commerce Act, Chapter 426 of the Laws of Malta.

The Malta Business Registry also started accepting documents signed by qualified e-signatures. In order to be valid, the e-signature must be compliant with the eIDAS and with Article 82 of the Companies Act which regulates the authentication of documents. Article 85 states that such documents can be authenticated by a director, the company secretary, an authorized officer of the company, or by an individual specifically authorized by the memorandum, or through a resolution of the board of directors to do so.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in Norway

Although Norway is not a European Union (EU) Member State, it maintains close relations with the EU as part of the agreements around membership of the European Economic Area, and its membership of the European Free Trade Association.

Therefore, Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS) has been fully incorporated into Norwegian Law.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

For a considerable time, the Nordic countries have been at the forefront of digital adoption. Since the recognition of electronic signatures in Norway in 2001, parties are free to enter and conclude contracts electronically.

The provisions of the EU Regulation No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (the eIDAS Regulation) govern and are directly applicable in Norway. The eIDAS Regulation repeals Directive 1999/93/EC.

Types of Electronic Signature

eSignature Legality Summary

eSignature Legality in Norway. Electronic signatures are legally recognized in Norway and are provided for in eIDAS Regulation No. 910/2014 as well as under specified Norwegian regulations.

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Use Cases

Key Restrictions

In some cases, Norwegian law prohibits the use of electronic signatures. The instances comprise of overt requirements such as wet-ink (handwritten) signatures and formal notarial processes. Such cases are not suitable for eSignatures or digital transaction management.

These include:

• Agreements of marriage, pre-marital agreements, and marriage settlements
• Articles of incorporation and other corporate paperwork. Unless these are signed electronically with a platform/software provided by the Registry of Business enterprises.
• Agreements of loans or security
• Minutes of meetings from shareholder meetings and board meetings
• Employee termination notices

eSignature Legality in Montenegro

The use of electronic signatures in Montenegro is regulated by the relevant local laws - Montenegrin Law on Electronic Identification and Electronic Signature (“Laws on E-Signature”) which are mostly harmonized with the EU eIDAS Regulation.

Applicable Laws

• Montenegrin Law on Electronic Identification and Electronic Signature (Montenegrin Zakon o elektronskoj identifikaciji i elektronskom potpisu; “ZEIEP”)

Overview

ZEIEP recognizes an advanced electronic signature and a qualified electronic signature.

Types of Electronic Signature

eSignature Legality Summary

The Laws on E-Signature differentiate three types of e-signatures: (i) simple, (ii) advanced, and (iii) qualified e-signature. Only qualified electronic signatures represent a valid substitute for a handwritten/wet ink signature, although an electronic signature should not be denied legal effect and admissibility as evidence in legal proceedings only on the grounds that it is in an electronic form or does not meet the requirements of a qualified e-signature.

Montenegrin Law on Electronic Identification and Electronic Signature (“Laws on E-Signature”) are generally harmonized with the EU eIDAS Regulation.

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Use Cases

Key Restrictions

Some exceptions to Montenegrin Law could exclude the following where a handwritten signature may be required;

• Property, pre-marital or marital agreements and other agreements regulated by the law governing family relationships;
• Agreements for the disposal of property requiring the approval of a social work centre;
• Agreements for the assignment and distribution of assets inter vivos, life support agreements and agreements relating to inheritance, waiver agreements, agreements for the transfer of the hereditary part before partition, inheritance transactions and other contracts governed by the law governing inheritance;
• Gift contracts;
• Real estate transfer agreements or other legal transactions governing real property rights other than real estate leases;
• Agreements to be drawn up in the form of a notarial deed; and
• Surety agreements, if the surety is a person who acts outside his/her trade, business or professional activity.

eSignature Legality in Estonia

As a European Union (EU) Member State, Estonia is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

In Estonia, the term "digital signature" (also known as digi-signature, digital signing) refers only to a legally valid signature that is legally equivalent to a handwritten signature. This signifies that the user's identity and the background of the certificate's issuer have been verified, and that the time of the signature's issuance has been precisely fixed. To put it simply, who signed it has been identified, and no third party has changed the document to be signed since it was signed.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Estonian e-signature is backed by the Digital Signature Act (DSA) passed by the Estonian parliament (Riigikogu) on March 8, 2000.

Use Cases

Key Restrictions

The law does not exclude specific types of agreements. However, certain types of agreements such as wills, court documents, and land titles, may still require written, paper communications.

eSignature Legality in Belgium

As a European Union (EU) Member State, Belgium is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

Belgium, as an EU member country, has legally recognized eSignatures since 1999, with the Federal Signature Law, enacted following the passing of the EU Directive in 1999.

A written signature is not required for a valid contract under Belgian law; contracts are generally valid if legally competent parties reach an agreement, whether verbally, electronically, or in a physical paper document (this is known in Belgium as the 'principle of consent').

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

In general, electronic signatures are widely used in Belgium, facilitating contracting processes in a digital environment. However, with a few exceptions, the use of certificate-based digital signatures is still evolving because they are not yet required by Belgian law. Because no one can be forced to contract electronically in Belgium, the option for a handwritten signature should always be available.

In addition to the eIDAS Regulation, the following laws govern e-signatures in Belgium:

• The Belgian Economic Code, which implements the eIDAS Regulation
• The Belgian Civil Code, which helps harmonize the Belgian Economic Code with the eIDAS Regulation.

Use Cases

eSignature Legality in Croatia

As a European Union (EU) Member State, Croatia is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

eIDAS was applied to Croatia in 2016 and states that “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.” Following the eIDAS regulation, eSignatures are now legally valid in all EU member states.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Under Croatian law, a document must be exchanged in writing or be reached through another method that makes it possible to ascertain both the parties' identities and the content of their statements. The availability of "other means" is dependent on technological advancement. As a result, a written document refers to more than just statements made on paper. For instance, the Croatian Financial Services Supervisory Agency issued a formal opinion stating that an electronic lease agreement is considered to be in writing if the parties' identities and the terms of the agreement can be determined with certainty.

Use Cases

eSignature Legality in Cyprus

As a European Union (EU) Member State, Cyprus is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

On 13/6/2018 Cyprus introduced Law 55(I)/2018 (the “Law”) which incorporated the EU Regulation on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market (EU 910/2014). This regulation was implemented as part of the European Commission’s Digital Agenda (eIDAS).

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Use Cases

eSignature Legality in Austria

As a European Union (EU) Member State, Austria is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

OAustria, as an EU member country, has legally recognized eSignatures since 1999, with the Federal Signature Law, enacted following the passing of the EU Directive in 1999.

In Austria, the use and acceptance of electronic and certificate-based digital signatures are common and have grown in recent years. Certain professionals, such as lawyers and notaries, are required to make electronic submissions to courts, which necessitates electronic authentication. Electronic signatures are also becoming more common in everyday transactions. It should be noted, however, that in Austria, a person cannot be forced to contract electronically; the option to use a handwritten signature should always be available.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

In addition to eIDAS, the Signature and Trust Services Act (Signatur- & Vertrauensdienstegesetz, or SVG) is the most important source of law in Austria concerning electronic signatures. The Federal Ministers of Economic Affairs and Justice issued the Signature and Trust Services Ordinance (Signatur- & Vertrauensdienseteverordnung) on the basis of the SVG, which specifies the requirements for: i) the application and issuance of qualified certificates; (ii) trust service providers; (iii) certificate databases; and (iv) supervisory body fees.

Section 886 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch or ABGB) states that qualified electronic signatures (QES) satisfy the requirement of written form under Section 4 Para 1 of the SVG. Furthermore, section 294 of the Austrian Civil Procedure Code (Zivilprozessordnung or ZPO) states that documents signed by the issuer provide full proof that the contents of the document originate with the issuer. Because QES are considered to be the same as a handwritten signature, this section also applies to qualified electronic signatures. As a result, in Austria, any party contesting the authenticity of such a document bears the burden of proof.

Use Cases

eSignature Legality in Bulgaria

As a European Union (EU) Member State, Bulgaria is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

Electronic signatures are widely accepted by businesses in Bulgaria and are frequently used by foreign companies with a presence in the country. The use of certificate-based digital signatures, such as advanced and qualified electronic signatures, is also becoming more common in employment relationships

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

In addition to the eIDAS Regulation, key Bulgarian laws governing the use of electronic signatures include:

• The Bulgarian Electronic Document and Electronic Certification Services Act (EDECSA) on the application of electronic signatures
• The Bulgarian Electronic Identification Act on electronic signatures in the sphere of public services
• The Bulgarian Electronic Governance Act on the storage of information and provision of public electronic services

Outside of the requirements defined in the eIDAS Regulation, Bulgarian laws do not impose any additional requirements for valid electronic signatures. By default, qualified electronic signatures (QES) are considered equivalent to handwritten signatures. Furthermore, non-qualified simple or advanced electronic signatures (AES) may be considered equivalent to a handwritten signature if the parties to the respective agreement have agreed to this in advance, according to article 13 of the EDECSA.

Furthermore, article 18a of the EDECSA states that an electronic signature holder cannot challenge their signature on a document in the event the document has been signed by a third person, who has been granted access to the electronic signature. This provision does not apply if the electronic signature holder has notified the respective document recipient of potential unauthorized access to the holder’s signature prior to signing. Therefore, holders of electronic signatures are obliged to monitor and notify issuers and third parties in case of any unauthorized access.

Use Cases

eSignature Legality in Albania

As a member state of the European Union, Albania follows eIDAS, the legal framework that recognizes eSignatures as legally valid in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

Albanian Law no. 9880 which sets the legal status of the e-signature has transposed the provisions of the EU Directive 1999/93/EC on the meaning of the e-signature and the different types provided by law. The law defines three types of e-signatures; electronic, advanced, and qualified.

eIDAS was established in EU regulation in 2014. All organizations delivering public digital services in an EU member state must recognize electronic identification from all EU member states from September 29, 2018.

The objective of eIDAS is to promote innovation. By adhering to the eIDAS technology guidelines, organizations are pushed to use higher levels of information security and innovation. Furthermore, eIDAS focuses on the following:

Interoperability: Member states are required to create a common framework that will recognize electronic identities (eIDs) from other member states and ensure its authenticity and security. That makes it easy for users to conduct business across borders.

Transparency: eIDAS provides a clear and accessible list of trusted services that may be used within the centralized signing framework. That allows security stakeholders the ability to engage in dialogue about the best technologies and tools for securing digital signatures.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Albania operates under Civil Law systems derived from Roman law and organized according to a plan or system. Civil law systems are founded on the following principles:

• A written constitution is generally based on specific codes (e.g., civil code, codes covering corporate law, administrative law, tax law, and constitutional law) that preserve basic rights and duties.
• In civil law, criminal, and commercial courts, there is little room for judge-made law (only legislative enactments are considered binding for all)
• Writings of legal scholars have a significant influence on courts in some civil law systems, such as Germany.
• Courts specific to the underlying codes – there are therefore usually separate constitutional court, administrative court and civil court systems that rule on the consistency of legislation and administrative acts and interpret that specific code
• Less freedom of contract – many provisions are implied into a contract by law and parties cannot contract out of certain provisions.

Use Cases

eSignature Legality in Denmark

As a European Union (EU) Member State, Denmark is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

The key laws in Denmark that regulate the use of electronic signatures include:

• The Act on Supplementing Provisions which regulates the enforcement of the provisions of the eIDAS Regulation; and
• The Danish Contracts Act which governs the conclusion of contracts in general, regardless of the medium on which the contract is concluded.

Overview

In Denmark, whether a contract can be enforced after being signed electronically largely depends on the "will of the parties" and if that will can be established in court. Danish courts are often free to evaluate any evidence that is brought before them. The signed document and the correspondence between the parties may be presented in order to demonstrate the authenticity of an electronic signature. As a result, electronic signatures that include identity validation, such as electronic signatures backed by digital certificates, will normally be considered to provide stronger evidence of validity.

Electronic signatures are frequently employed with Nets DanID's widely accepted Danish identity verification technology NemID. A NemID can only be obtained by a Danish citizen.

The advantage of NemID is that it is designed to provide a secure validation of identity of the person signing the document. When engaging with Danish individuals, banks and government agencies typically use NemID. The NemID solution is in the process of being phased out in favor of the MitID solution, which will become the new Danish national eID.

MitID will comply with the eIDAS regulation.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Use Cases

eSignature Legality in Iceland

Electronic Signature has been recognized by law in Iceland since 2001, with the passage of the Icelandic Act No 28/2001 on Electronic Signatures.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

eIDAS applied to Czech Republic in 2016 and states that “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.” Following the eIDAS regulation, eSignatures are now legally valid in all EU member states.

Types of Electronic Signature

eSignature Legality Summary

Iceland has a tiered legal model, which means it recognizes a qualified electronic signature (QES) as a distinct type of signature. In Iceland, a QES is given the same legal status as a wet ink signature.

In accordance with Icelandic law, an agreement between legally capable parties, whether communicated verbally, electronically, or in a physical paper document, is sufficient for a contract to be deemed enforceable. Parties occasionally need to provide proof in court to prove a valid contract.

The existence, legitimacy, and legal acceptance of a contract can be supported by electronic records that are admissible in evidence under Icelandic law (Article 44 of the Icelandic Act on Civil Procedure No. 91/1991).

Use Cases

eSignature Legality in The Czech Republic

As a European Union (EU) Member State, the Czech Republic is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Icelandic Act No. 28/2001 on Electronic Signature (2001)

Overview

The Icelandic Act on Electronic Signatures was passed in 2001, marking the beginning of the country's acceptance of eSignatures as legally valid. Electronic signatures are legal for general business transactions and are considered admissible in court.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

The Ministry of the Interior of the Czech Republic is a designated supervisory body pursuant to article 17(2) of Regulation (EU) 910/2014. Ministry is also the body responsible for establishing, maintaining and publishing the national Trusted Lists pursuant to article 22(3) of Regulation (EU) 910/2014.

Use Cases

eSignature Legality in Greece

As a European Union (EU) Member State, Greece is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Key legislation that govern the use of electronic signatures in Greece, in addition to the eIDAS Regulation, include:

• Law 4727/2020 on digital governance and electronic communications (Government Gazette A’ 184/23.09.2020) which constitutes the key piece of legislation on electronic signatures and regulates the enforceability of electronic documents for both public and private entities.
• Decision No. 813/5/2017 “Regulation for the Provision of Trust Services” (Government Gazette 4396/B/14-12-2017) EETT Regulation) which was issued by the EETT* and sets forth specific rules for trust services and the application of the eIDAS Regulation in Greece.
• Law 4070/2012 which establishes the competencies of EETT in relation to trust services and sets the rules on sanctions that can be imposed in the event of a violation of electronic signature legislation; and
• Substantive and procedural civil law rules relating to contract formalities and evidence Civil Code provisions relating to contract formalities

Overview

Greece has accepted electronic signatures as legally valid since 2001 as a member of the European Union. This was the year the Presidential Decree 150/2001 was passed, which established a framework for incorporating eSignatures into Greek law.

All EU member states' electronic signature legislation was standardized in 2016 under the eIDAS regulation. The former eSignatures Directive was repealed and replaced by eIDAS requirements.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

The Hellenic Telecommunications and Post Commission (EETT) is the national supervisory authority responsible for the implementation of the eIDAS Regulation in Greece.

A contract may, in theory, be legal and enforceable under Article 158 of the Civil Code without having to follow any formalities (except for specific types of contracts where the law expressly requires a certain form). Therefore, if the parties have agreed that another formality should be sufficient to constitute a legal contract, a signature is not necessarily required for a valid and enforceable contract in Greece.

Use Cases

eSignature Legality in Poland

As a European Union (EU) Member State, Poland is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Overview

Poland began recognizing electronic signatures as legally valid in 2001 with the passage of the Electronic Signature Act. In 2016, the eIDAS regulations standardized electronic signature laws across all EU-member countries.

In Poland the eIDAS Regulation is accompanied by the Act of 5 September 2016 on Trust and Electronic Identification Services, which contains general provisions on trust services in Poland. The Act amended a number of Polish acts to ensure their compliance with the eIDAS Regulation by clarifying certain national provisions and eliminated the provisions that were not in compliance with the eIDAS Regulation.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

A qualified electronic signature is equivalent to a handwritten signature in Poland. This means that;

• In cases where the law requires that the agreement is to be made in writing and if the parties want to conclude the agreement electronically, qualified electronic signatures should be used.
• Most documents and contracts that do not require a written form (such as an email, PDF), can be signed using a non-qualified electronic signature.

Use Cases

eSignature Legality in Slovenia

As a European Union (EU) Member State, Slovenia is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• Electronic Business and Electronic Signature Act (Slovenian Zakon o elektronskem poslovanju in elektronskem podpisu; “ZEPEP”)

Overview

eIDAS applied to Slovenia in 2016 and states that “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.” Following the eIDAS regulation, eSignatures are now legally valid in all EU member states.

Types of Electronic Signature

eSignature Legality Summary

In the Republic of Slovenia, electronic signatures are regulated by the Electronic Business and Electronic Signature Act (Slovenian Zakon o elektronskem poslovanju in elektronskem podpisu; “ZEPEP”) and the Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (“eIDAS Regulation”).

The eIDAS Regulation, which defines three types of electronic signatures (“simple” electronic signature, advanced electronic signature and qualified electronic signature), states that an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or does not meet the requirements of a qualified electronic signature, which is explicitly given the same legal effect as a handwritten signature.

In terms of evidentiary value, in case of a “simple” electronic signature and an advanced electronic signature, the burden of proof for proving the authenticity of the electronic signature lies with a person claiming its authenticity. In the case of a qualified electronic signature, its authenticity is presumed.

Use Cases

eSignature Legality in United Kingdom

Since the enactment of the Electronic Signatures Regulations in 2002, the United Kingdom has legally recognized e-signatures, after the passage of the EU Directive in 1999. In 2014, EU Regulation No. 910/2014, also known as the "eIDAS Regulation," replaced the EU Directive. Upon UK withdrawal from the EU (“Brexit”), eIDAS will remain part of the UK domestic law.

Applicable Laws

• The UK eIDAS Regulation

Overview

Electronic signatures are regulated by the Electronic Communications Act (ECA 2000), the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016, and case law in addition to UK eIDAS.

The eIDAS Regulation is Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market. Following the UK withdrawal from the EU the eIDAS Regulation was adopted into UK law and amended by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019). In addition, the existing UK trust services legislation, The Electronic Identification and Trust Services for Electronic Transactions Regulation 2016 (2016 No.696)) was also amended. Taken together, these regulations are referred to in this guidance as the UK eIDAS Regulations.

Types of Electronic Signature

eSignature Legality Summary

UK eIDAS also recognizes two types of digital signatures: advanced electronic signatures (AdES) and qualified electronic signatures (QES). English law is generally conducive to executing documents with an electronic signature and does not require a digital signature. The use of QES is generally reserved for cross-border transactions or other transactions where the parties desire a higher degree of ID verification.

Article 25 of UK eIDAS provides that an electronic signature cannot be denied legal effectiveness solely because of its electronic nature.

The statute also provides that electronic signatures are admissible as evidence in legal proceedings. Section 7(1) of the ECA mirrors the admissibility provision in UK eIDAS:

In any legal proceedings, an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and the certification by any person of such a signature, shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

The Law Commission was concerned that legal uncertainties were impeding the use of electronic signatures and e-signing platforms. In September 2019, following a lengthy consultation period, the Law Commission published a report on the Electronic execution of documents. The findings in the Report were endorsed by the UK government in March 2020.

Note: there is a separate statutory regime for electronic signatures in Scotland.

Use Cases

eSignature Legality in Netherlands

As a European Union (EU) Member State, the Netherlands is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• Civil Dutch Code

Overview

Electronic signatures are legally recognized in the Netherlands and are provided for in the eIDAS Regulation No. 910/2014 and the eIDAS Regulation is implemented into section 3:15a of the Dutch Civil Code.

Article 15a, book 3 of the Dutch Civil Code states that electronic signature has the same legal consequences as a handwritten signature, if the method of signature used for the electronic signature is sufficiently reliable, having regard to the purpose for which the electronic signature is used and all other circumstances of the case

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

Documents signed with a qualified electronic signature (QES) constitute binding evidence in court under Dutch law. The Dutch Supreme Court confirmed that for documents signed with a non-qualified electronic signature (e-signature), the signature must be "sufficiently reliable" in order for the document to be classified as binding evidence. If the documents are not classified as binding evidence, further evidence to prove the authenticity of the e-signature may be necessary.

Use Cases

eSignature Legality in Spain

Electronic signatures are legally recognized in Spain and are provided for in the eIDAS Regulation No. 910/2014, Law 6/2020, November 11 on certain aspects of Electronic Trust Services, and the Spanish Electronic Commerce Act 34/2002.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• Spanish Law 39/2015 on Administrative Proceedings (Administrative Proceedings Act)
• Spanish Law 6/2020 on certain features of e-Trust Services, which repeals former Spanish e-Signature Act 59/2003.
• Spanish Civil Code, Article 1278 which establishes the general principle of the freedom of forms for contracts meaning that no specific form is generally required in order for a contract to be valid.

Overview

eIDAS applied to Spain in 2016 and states that “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.” Following the eIDAS regulation, eSignatures are now legally valid in all EU member states.

Types of Electronic Signature

eSignature Legality Summary

Electronic signatures are regulated by Spanish law under Law 6/2020, November 11 on certain aspects of Electronic Trust Services ("Spanish Law 6/2020"). This law complements the eIDAS Regulation in areas where it has not been harmonized, such as the liability regime and the sanctions regime. Furthermore, the Spanish Electronic Commerce Act 34/2002 adds additional provisions regarding the enforceability of electronic agreements.

According to Spanish law, an eSignature is given the same legal weight as a handwritten signature. Article 1528 states that contracts become valid once two legally competent parties come to an agreement.

There are no specific transactions in Spanish law 6/2020 that necessitate the use of an advanced or certified electronic signature. As a result, parties can often utilize any type of electronic signature to produce legitimate contracts that do not require additional warranties. In practice, using any type of electronic signature for confidential documents would be acceptable.

Use Cases

eSignature Legality in Portugal

As a European Union (EU) Member State, Portugal is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• Law no. 96/2015, of 17 August, governing the availability and use of electronic platforms for public procurement
• Portuguese e-Commerce Law Article 25.

Overview

Esignatures have been legally recognized in Portugal since 2009, due to the enactment of Decree-Law No. 290-D/99 of 2nd of August and the Electronic Signature Ordinance.

Later in 2016, the e-signature laws were standardized across all European member states with the passing of Electronic Identification and Authentication and Trust Services (eIDAS regulation).

The court will determine the admissibility of documents that are signed with non-qualified electronic signatures because they do not inherently have any unique probative value. However, use of non-qualified e-signatures as a means of: (i) electronic identification; (ii) demonstration of integrity; (iii) correction of data origin; or (iv) evidencing the moment of the electronic document may have such force provided such means is adopted by the parties under a valid agreement on the probative value or accepted by the person to which it is opposed.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

In Portugal, eSignatures and certificate-based digital signatures are frequently used, which facilitates the contracting process in a digital environment. Although qualified electronic signatures (QES) are frequently utilized for public procurement and various e-government services, their application in the business community is still evolving. As a result, the regulations governing electronic signatures are familiar to Portugal's administrative courts (e-signatures).

There are no specific transactions in Spanish law 6/2020 that necessitate the use of an advanced or certified electronic signature. As a result, parties can often utilize any type of electronic signature to produce legitimate contracts that do not require additional warranties. In practice, using any type of electronic signature for confidential documents would be acceptable.

Use Cases

eSignature Legality in France

As a European Union (EU) Member State, France is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Applicable Laws

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
• French Civil Code

Overview

Particularly in e-commerce, France is experiencing an increase in the usage of electronic signatures in electronic contracts. Qualified electronic signatures (QES), which are certificate-based digital signatures, are typically used for regulated business transactions involving notaries, attorneys, banks, and bailiffs, where the evidential nature of the signature has significant importance.

eIDAS is supplemented by the French Civil Code, and, in particular, the Decree No 2017-1416 of 28 September 2017 on the electronic signature as well as sectorial provisions.

Types of Electronic Signature

eSignature Legality Summary

The eIDAS regulation, an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market, defines three types of e-signatures; electronic (SES), advanced (AES), and qualified (QES) and is. It establishes a legal framework for people, companies (in particular small to mid-size enterprises) and public administrations to safely access services and execute transactions digitally across all the EU member states.

The eIDAS Regulation impact under French law is the distinction between:

• Notarization where most documents requiring notarization must be signed using qualified electronic signatures
• e-administration (including public procurement) where, at a minimum, an advanced electronic signature based on a qualified certificate is required
• Legal acts between private stakeholders where a simple electronic signature or an advanced electronic signature are generally sufficient.

When a written document is required for the validity of a contract, it may be drawn up and kept in electronic form under the conditions outlined in Articles 1366 and 1367 in the French Civil Code and, when an authentic document is required, outlined in the second paragraph of Article 1369.

Use Cases

eSignature Legality in Ukraine

Electronic Signature has been recognized by law in Ukraine since 2003, with the passage of The Law of Ukraine No. 852-IV "On Electronic Digital Signature."

Applicable Laws

• Law of Ukraine “On Electronic Trust Services” No. 2155-VIII as of 5 October 2017 (Law on Electronic Trust Services) - regulates the provision of electronic trust services and electronic identification.
• Law of Ukraine “On Electronic Documents and Electronic Document Flow” No. 851-IV as of 22 May 2003 (Law on Electronic Documents) - the organizational and legal principles of e-document flow and the use of e-documents. Provides the framework for creating, sending, transmitting, receiving, storing, processing, using and destructing e-documents.
• Civil Code of Ukraine as of 16 January 2003 No. 435-IV (articles 205-207) – The Civil Code further elaborates on the allowance of electronic signatures. According to paragraph 3 of Article 207 of the Civil Code of Ukraine, the use of any graphic reproduction of a handwritten signature in electronic form is possible if explicitly allowed under the law or if the parties have agreed to the use of such signatures in advance in written form, whereby samples of respective analog of personal handwritten signatures have been provided by the parties.

Overview

On November 7, 2018, Ukraine passed a law recognizing electronic signatures as valid and compliant with the eIDAS Regulation. As a result, electronic signatures have become a legal signing solution.

Types of Electronic Signature

eSignature Legality Summary

A written signature is not required for a valid contract under Ukrainian law; contracts are generally valid if legally competent parties reach an agreement, whether verbally, electronically, or in a physical paper document (Article 207 of the Civil Code of Ukraine).

Article 8 of Ukraine's Law No. 851-IV, "On Electronic Documents and Electronic Documents Circulation," states that documents cannot be denied enforceability just because they are concluded electronically.

Parties may be required to provide evidence in court to prove the validity of a contract.

Use Cases