Key aspects of the law on the use of electronic signatures

Law no. 214/2024 on the use of electronic signatures, time-stamps and the provision of trust services was published on 8 July 2024 in the Official Gazette, Part I, no. 647.

The key takeaways are as follows:

• The purpose of the law is to establish the general legal framework for the use of each type of electronic signature (certified, advanced or simple), as well as to establish the general legal framework in terms of the legal effects.
• The law confirms that all types of electronic signature provided for under Regulation (EU) No. 910/2014 or in this law shall have legal effect and may be used as evidence in court.
• The use of a particular type of electronic signature is associated with the classification of legal documents according to the manner of their formation, i.e. whether by law the written form is required as a condition of validity or evidence of the legal document in question, as follows:
• where, according to the law, the written form is required as a condition of validity for a legal document, then the electronic document is deemed to meet this requirement if it has been signed with a certified electronic signature or an advanced electronic signature which, under the current law, produces the same effects as a handwritten signature.
• where, according to the law, the written form is required as a condition of proof of a legal document, then the electronic document is deemed to fulfil this requirement if it has been signed with a certified electronic signature, an advanced electronic signature or a simple electronic signature.
• A legal document in electronic form, signed with the type of electronic signature provided for in law or with a certified electronic signature, shall produce the same legal effects as the same legal act in written form.

The law establishing the framework for the use of electronic signatures enters into force on 8 October 2024.

Source: Law no. 214/2024 on the use of electronic signatures