Latvia: legal requirements and validity of electronic signatures

This article explores the legal landscape, relevant standards, requirements, and adoption of electronic signatures in Latvia.

Main laws governing electronic signatures in Latvia

The primary legislation governing electronic signatures in Latvia is the Electronic Documents Law (Elektronisko dokumentu likums), which was first adopted in 2002 and has since been amended to align with EU regulations. This law, along with EU Regulation No 910/2014 (eIDAS Regulation), forms the backbone of electronic signature law in Latvia. 

Cabinet Regulation No. 473, which you can find here, also recognises the validity of electronic signatures. 

The Electronic Documents Law defines different types of electronic signatures and their legal status. It recognises three levels of electronic signatures:

• Simple electronic signatures
• Advanced electronic signatures
• Qualified electronic signatures

Each type has different legal weight and security requirements. The law ensures that electronic signatures cannot be denied legal effect solely on the grounds that they are in electronic form. You can find the full text of the Electronic Documents Law here, and the eIDAS Regulation here. 

The combination of these laws establishes a solid legal foundation for electronic signature legality in Latvia, ensuring that they are recognised and enforceable in both public and private sectors.

Standards and conditions for legally binding electronic signatures in Latvia

For an electronic signature to be legally binding in Latvia, it must meet certain standards and conditions. These requirements vary depending on the type of signature:

1. Simple electronic signatures: These are the most basic forms of electronic signatures. They can be as simple as checking a box on a website. While they have some legal weight, they offer the lowest level of security.
2. Advanced electronic signatures: These must meet additional requirements, including:

• Being uniquely linked to the signatory.
• Capable of identifying the signatory.
• Created using means that the signatory can maintain under their sole control.
• Linked to the signed data in a way that any subsequent change is detectable.

3. Qualified electronic signatures: These offer the highest level of security and legal recognition. They must meet all the requirements of advanced electronic signatures in addition to the following:

• Be created by a qualified electronic signature creation device.
• Be based on a qualified certificate issued by a trusted service provider.

Qualified electronic signatures have the same legal effect as traditional “wet ink” signatures in Latvia and are recognised across all EU member states.

Interested in exploring digital workflows for your contracts? Hit the button below to get in touch and find out more.

Find out more about eSignature laws in Eastern Europe:

• Legal requirements for eSignature in Croatia
• Legal requirements for eSignature in Cyprus
• Legal requirements for eSignature in Czechia
• Legal requirements for eSignature in Estonia
• Legal requirements for eSignature in Hungary
• Legal requirements for eSignature in Lithuania
• Legal requirements for eSignature in Poland
• Legal requirements for eSignature in Romania
• Legal requirements for eSignature in Slovakia
• Legal requirements for eSignature in Ukraine

Generally, all electronic signatures must meet the following standards and conditions: 

• Consent and intent: The signatory must have the intention to sign the document electronically and must consent to using an electronic signature. This is a fundamental aspect of the electronic signature law in Latvia.
• Integrity and authenticity: The electronic signature must ensure the integrity of the signed document and verify the identity of the signatory. This requires robust security measures to prevent unauthorised access or alterations.

By meeting these standards, electronic signatures can be deemed legally binding and enforceable in Latvia.

Circumstances where electronic signatures may not be valid in Latvia

Despite the legal recognition of electronic signatures, there are certain circumstances where they may not be considered valid in Latvia:

1. Non-compliance with standards: If an electronic signature does not meet the required standards, such as those outlined in the eIDAS Regulation, it may not be considered legally binding.
2. Lack of consent: If the signatory did not consent to use an electronic signature or did not intend to sign the document, the signature may be invalid.
3. Fraud or coercion: Electronic signatures obtained through fraudulent means or coercion may be deemed invalid.
4. Specific legal requirements: Certain documents, such as wills, property transfers, or documents requiring notarization may require a handwritten signature by law and may not be valid if signed electronically.
5. Court proceedings: While many court documents can be submitted electronically, some may still require original, handwritten signatures.
6. Government documents: Some official government forms or documents may require handwritten signatures or in-person submission.
7. International agreements: Depending on the jurisdictions involved, some international contracts or agreements may require traditional signatures.

Understanding these exceptions is crucial for ensuring the legal validity of electronic signatures in Latvia. It's important to note that the validity of an electronic signature also depends on the integrity of the signing process and the ability to prove the identity of the signatory.

Electronic signature legality in Latvia: recent developments

Although there have been no significant court rulings in Latvia specifically addressing electronic signatures recently, the legal landscape for eSignatures continues to evolve in accordance with European Union regulations and technological advancements.

A particularly noteworthy development is the growing acceptance of mobile-ID and Smart-ID solutions as legally valid forms of electronic signatures in Latvia. These innovative methods enable users to securely sign documents using their mobile devices, thereby streamlining the electronic signature process and enhancing accessibility for both individuals and businesses. As these technologies gain traction, they are likely to play a pivotal role in the further digitisation of legal and business transactions in Latvia, aligning the country with broader EU initiatives to foster a digital economy.

Forthcoming legislation on electronic signatures in Latvia

Currently, there is no major forthcoming legislation anticipated to significantly alter the electronic signature landscape in Latvia. However, the country remains actively engaged in aligning with European Union-wide initiatives aimed at enhancing digital services and facilitating cross-border recognition of electronic identities and signatures.

The Latvian government is committed to continuously refining its electronic signature framework to keep pace with technological advancements and to incorporate international best practices. This ongoing alignment not only ensures the robustness and security of electronic signatures but also supports the broader goals of digital transformation and interoperability within the EU. Future enhancements may focus on integrating emerging technologies, such as blockchain and AI, into the electronic signature infrastructure, thereby further strengthening Latvia's position in the global digital economy.

Moreover, as part of the EU's broader objectives, Latvia is likely to participate in efforts to harmonise electronic identification and trust services across member states. This will contribute to a more seamless and secure digital environment, enabling both businesses and individuals in Latvia to engage in cross-border transactions with greater confidence and ease. While no specific legislative changes are imminent, the government's proactive stance indicates a commitment to fostering a future-ready digital ecosystem.

Industry-specific standards for electronic signatures in Latvia

While the general legal framework for electronic signatures applies across all sectors, some industries in Latvia have adopted specific standards or requirements:

1. Financial services: In the finance and banking sector, electronic signatures must adhere to strict security protocols to protect sensitive financial information. Qualified electronic signatures are often required for high-value transactions and contracts.
2. Healthcare: Electronic signatures must comply with data protection regulations to safeguard patient information. Advanced electronic signatures are commonly used for medical records and consent forms.
3. Public administration: Government agencies often require advanced or qualified electronic signatures for official documents. 
4. Legal services: Many law firms and legal service providers in Latvia use advanced or qualified electronic signatures for contracts and official correspondence.
5. Real estate: While some real estate transactions still require traditional signatures, there's a growing trend towards using qualified electronic signatures for certain documents in the property market.

By meeting industry-specific standards, electronic signatures can be effectively used across various sectors in Latvia.

Adoption of electronic signatures in Latvia

The use of electronic signatures has seen widespread adoption in Latvia, particularly in the public sector and among businesses. Latvia is often considered one of the most advanced countries in Europe when it comes to digital governance and eServices. In the private sector, adoption varies by industry, with financial services, IT, and professional services leading the way. Small and medium-sized enterprises are increasingly adopting eSignature solutions to streamline their operations and reduce paper usage. Several factors contributing to the widespread adoption of electronic signatures in Latvia include:

• Digital transformation: The push towards digital transformation has accelerated the adoption of electronic signatures across industries.
• Cost savings: Electronic signatures reduce the need for paper-based processes, resulting in significant cost savings for businesses.
• Efficiency and convenience: Electronic signatures streamline workflows and enhance efficiency, making them an attractive option for businesses and individuals.
• Legal recognition: The legal recognition and enforceability of electronic signatures in Latvia provide confidence to businesses and consumers.

These factors have made electronic signatures an integral part of modern business practices in Latvia.

Leading providers of electronic signature services in Latvia

Several providers offer electronic signature solutions in Latvia, catering to diverse business needs. Some of leading providers include:

1. DocuSign: A global leader in electronic signature solutions.
2. Juro: A popular contract automation platform known for its user-friendly interface and robust security features, Juro is a popular choice for businesses of all sizes.
3. Adobe Sign: Part of the Adobe Document Cloud suite.
4. SignNow: Offers a user-friendly platform for electronic signatures. 
5. HelloSign: A Dropbox company providing electronic signature solutions.
6. Yousign: A European electronic signature solution.
7. Zoho Sign: Integrates well with other Zoho products.

These providers offer a range of solutions, from simple electronic signatures to qualified electronic signatures that meet the highest legal standards in Latvia and the EU.

FAQ: common questions about electronic signature in Latvia

Are electronic signatures legally binding in Latvia?

Yes, electronic signatures are legally binding in Latvia, provided they meet the standards outlined in the eIDAS Regulation and Latvian law.

What is a qualified electronic signature?

A qualified electronic signature is the most secure form of electronic signature, created using a qualified signature creation device and a qualified certificate issued by a trusted service provider.

Can I use an electronic signature for all types of documents in Latvia?

While electronic signatures are widely accepted, some documents (like notarized deeds, wills and family law documents) still require traditional signatures.

Do I need special software to create an electronic signature in Latvia?

Not necessarily. Simple electronic signatures can be created without special software, but advanced and qualified signatures typically require specific tools or services.

How can I ensure the validity of an electronic signature?

To ensure the validity of an electronic signature, use a qualified or advanced electronic signature that complies with legal standards and ensure the signatory's consent and intent to sign electronically.

What are the benefits of using electronic signatures?

Electronic signatures offer several benefits, including increased efficiency, cost savings, enhanced security, and legal recognition.

How secure are electronic signatures?

The security level depends on the type of signature. Qualified electronic signatures offer the highest level of security and are considered as secure as handwritten signatures.

Are electronic signatures from other EU countries recognised in Latvia?

Yes, Latvia recognises qualified electronic signatures from all EU member states.

How can I choose the right electronic signature provider in Latvia?

Consider factors such as security features, ease of use, compliance with industry standards, integration capabilities, and customer support when choosing an electronic signature provider.

Who are the leading providers of electronic signatures in Latvia?

Leading providers include Juro, DocuSign, Adobe Sign, and SignNow, offering a range of solutions to meet various needs.

--

Electronic signatures have become a vital component of modern business transactions in Latvia. With a strong legal framework and increasing adoption across various industries, electronic signatures offer a secure and efficient means of conducting digital transactions.

By understanding the legal requirements, standards, and industry-specific needs, businesses and individuals can confidently utilise electronic signatures in their operations. As technology continues to evolve, electronic signatures will play an increasingly important role in shaping the future of business and legal interactions in Latvia.

Juro is not a law firm and this article should not be relied on as legal advice.