(Law 214/2024 published in the Official Gazette no. 674/08.07.2024)
- It entered into force on October 8, 2024
- It represents the general legal framework for the direct application of eIDAS (EU Regulation 910/2014) at the national level and contains the rules applicable in Romania for the use of electronic signatures, electronic seals and time stamps, as well as of the documents to which they apply.
Legal effects of using the electronic signature:
1.Qualified electronic signature (QES)
• The highest level of security – equivalent to the handwritten signature
• The validity of the act/agreement will be assessed based on the legal criteria provided by the general legal framework that regulates the specific contract. Examples: an administrative act signed with QES = is considered to be un original and in an authenticated form (for example, criminal record certificate )
• If the authenticated written form is a legal requirement for the validity of the contract – QES is the only signature accepted
2. Advanced electronic signature (AES):
It has the same effect as a handwritten signature in one of the following cases:
a) was created with an electronic signature certificate issued by a public authority or a qualified trust service provider; OR
b) the electronic document has been recognized by the other party (either by executing the obligations it contains, or by explicit acceptance); OR
c) the parties have agreed through a separate agreement that the advanced electronic signature they will use has the same legal effect as the handwritten/qualified electronic signature – eg: framework contract followed by successive subsequent contracts – the latter must not be signed with QES . Attn: The clause must state that the parties understand and assume the risks associated with the AES proof.
3. Simple electronic signature:
It has the same effect as a handwritten signature in the following cases:
• Low-value contracts (below half of the minimum wage in the economy) – mainly B2C contracts
• The document is recognized by the other party
•If both parties are professionals and have agreed in a separate agreement signed with QES/handwritten signature that the simple signature will have the same legal force as the handwritten signature.
How to check if an electronic signature is valid:
a. The authorization type of the signature provider can be checked in public sources/registers: https://www.adr.gov.ro/semnatura-electronica-trusted-list ,
b. Ask the provider / issuer of the advanced electronic signature ,
c. Through a technical expertise, if none of the above are applicable or, in the case of the simple electronic signature, through other means of proof (in the case of litigation, these can be: interrogation, witnesses etc.).
Attorney at Law Alis Pătlăgeanu
