Law no. 214 of July 5, 2024, on the use of electronic signatures, timestamps, and the provision of trust services based on them, applicable from October 8, 2024, highlights several important aspects of electronic signatures, especially relevant in the context of digitalization.
This law establishes the domestic legal framework for the direct application of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014, on electronic identification and trust services for electronic transactions in the internal market, which repeals Directive 1999/93/EC, and regulates measures left to the discretion of member states within the national legal order.
It thus establishes the conditions for using electronic signatures, electronic seals, electronic timestamps, and electronic documents to which an electronic signature, electronic timestamp, or electronic seal has been applied, as well as the conditions for providing trust services and the responsibilities of public authorities and institutions in the field of trust services.
An electronic document signed with an advanced electronic signature produces the same legal effects as a document signed with a handwritten signature in any of the following cases:
- The legal act was signed with an advanced electronic signature created with a certificate for electronic signature issued by a public authority or institution in Romania or by a qualified trust service provider;
- The electronic document is recognized by the person to whom it is opposed, with recognition possibly resulting from the unambiguous act of executing, in whole or in part, by the person disputing the advanced electronic signature, the obligations arising from the electronic document;
- The parties have expressly agreed, through a separate document signed with a handwritten or qualified electronic signature, that they will grant the advanced electronic signature the same legal effects as a handwritten signature. In the same act, the parties confirm that they understand the risks and the burden of proof concerning the advanced electronic signature. In legal relations where both parties are professionals in the sense of Article 3, paragraph (2) of Law no. 287/2009 on the Civil Code, republished, as amended and supplemented, the separate document can also be signed with an advanced electronic signature.
Therefore, the advanced electronic signature provides a high level of security, having similar effects to the handwritten signature under the specified conditions.
However, a simple electronic signature also has the same legal effects as a handwritten signature in any of the following cases:
- For property deeds assessable in money, with a value lower than half of the gross minimum wage at the date of signing the deed;
- The document signed with a simple electronic signature is recognized by the person to whom it is opposed, with recognition possibly resulting from the unambiguous act of executing, in whole or in part, by the person disputing the simple electronic signature, the obligations arising from the electronically signed document;
- Where both parties are professionals in the sense of Article 3, paragraph (2) of Law no. 287/2009, republished, as amended and supplemented, they have expressly agreed, through a document signed with a handwritten or qualified electronic signature, that they will grant the simple electronic signature the legal effects of a handwritten signature. The parties confirm in the same act that they understand the risks and the burden of proof concerning the simple electronic signature.
If the law requires a legal act to be executed in an authentic form, the provisions relating to electronic signatures do not apply, and the authentic form is not replaced.
In the event of a dispute or any conflict contesting the validity of an act or signature, the rules regarding the probative force of documents according to their form should be well-known. In the case of non-recognition or contestation of the qualified electronic signature or qualified electronic seal, the court will verify the validity.
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