The Electronic Signature and Trust Services Law (No. 214/2024) was recently published in the Romanian Official Gazette and will come into effect on October 8, 2024. This law clarifies the legal effects of various types of electronic signatures and regulates the validity of electronically signed documents, aligning with the European eIDAS Regulation.
Defining Simple Electronic Signatures
A key novelty is the definition of simple electronic signatures. This change simplifies the use of electronic signatures in business transactions and ensures compliance with the eIDAS Regulation’s requirements. An electronic signature is defined as “data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign”. Thus, something as simple as writing your name under an e-mail might constitute an electronic signature.
Legal Effects of Simple Electronic Signatures
Documents signed with a simple electronic signature will have the same legal effects as handwritten signatures in the following cases:
- For transactions with a value less than half the gross minimum wage.
- If the document is acknowledged by the other signer, even by fulfilling obligations in the document (e.g., delivering products).
- If the parties have agreed in writing that the simple electronic signature will have the same effects as a handwritten signature.
Advanced electronic signatures (AdES)
Documents signed with an advanced electronic signature will have the same legal effects as handwritten signatures in the following situations:
- The signature is created with a certificate issued by a public authority or a qualified trust service provider.
- The document is acknowledged by the other signer, including by fulfilling obligations in the document.
- The parties have agreed in writing that the advanced electronic signature will have the same effects as a handwritten signature.
Qualified electronic signatures (QES)
There are no substantial changes to qualified electronic signatures, which remain equivalent to handwritten signatures and have the same legal effects. This is in line with the eIDAS Regulation, which ensures mutual recognition and acceptance of qualified electronic signatures across the EU.
Repeals
With the new piece of legislation coming into effect on October 8, 2024, the old Law No. 455/2001 on electronic signatures and the Government Emergency Ordinance No. 38/2020 will be repealed. This update ensures full alignment with the European eIDAS Regulation, providing a consistent legal framework in Romania for electronic signatures and trust services.