Act No. 222 of 2015 sets out the General Rules for Trust Services and Electronic Transactions (hereinafter referred to as Trust Services and Electronic Transaction Act).
Further procedural acts regulate the enforceability of electronic signatures, such as Act No. 130 of 2016 on the Code of Civil Procedure.
Electronic documents shall be considered valid if an electronic signature or seal is placed on such document in accordance with the Trust Services and Electronic Transaction Act. In line with the eIDAS Regulation (Regulation 910/2014/EU), the electronic signature can be either:
- Advanced electronic signature or
- Qualified electronic signature
Advanced electronic signature shall mean an electronic signature that meets the following requirements:
i. It is capable of identifying the signatory
ii. It is uniquely linked to the signatory
iii. It is created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control
iv. It is linked to the data signed therewith in such a way that any subsequent change in the data is detectable
A qualified electronic signature shall mean an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures.
It shall be noted that, in family and succession law cases, the exclusive use of electronic signatures and documents is not permitted.
Under the Code of Civil Procedure, when an electronic document is signed by an advanced or qualified electronic signature or seal, that shall mean that such document corresponds with the requirements of written form and shall be considered not forged. If a private electronic document is signed by a qualified or advanced electronic signature or seal, such document shall be considered a private document with full probative force.
An electronic document made on a public document in a specific form by a body authorized to draft public document within its sphere of authority and executed by a qualified or advanced electronic signature or seal, and – if so prescribed by the relevant legislation – a time stamp shall have the same probative force as the original paper-based public document.
If the electronic signature placed on the electronic document fulfills the above detailed requirements, then it is valid and enforceable. In a court procedure, an electronic document signed with a qualified electronic signature has the same probative force as a paper-based private document with full probative force.