Romania: legal requirements and validity of electronic signatures

This article will explore the legality of electronic signatures in Romania, providing a detailed overview of the relevant laws, standards, and practices that govern their use. We will also examine industry-specific requirements and the leading providers of electronic signatures in Romania.

Main laws determining the legality and binding status of electronic signatures in Romania

Romania has established a robust legal framework for electronic signatures, aligning with European Union regulations. The primary law governing electronic signatures in Romania is Law No. 455/2001 on electronic signatures. This law aligns with the European Union's eIDAS Regulation (Regulation (EU) No 910/2014), which provides a framework for electronic identification and trust services for electronic transactions in the internal market.

The eIDAS Regulation is directly applicable in all EU member states, including Romania, ensuring a harmonised approach to electronic signatures across Europe. You can find Law No. 455/2001 here, and the eIDAS Regulation here. 

The eIDAS Regulation reinforces the legal standing of electronic signatures by stating that an electronic signature cannot be denied legal effect solely because it is in electronic form. 

The Romanian electronic signature legislation is based on the following principles:

• Non-discrimination: Electronic signatures cannot be denied legal effect solely because they are in electronic form.
• Technological neutrality: The law does not favour any specific technology for creating electronic signatures.
• Functional equivalence: Electronic signatures are considered equivalent to handwritten signatures when they meet certain criteria.

The law recognises three types of electronic signatures:

1. Simple electronic signature: This is the basic form of an electronic signature, which includes data in electronic form used to sign documents. However, it does not meet the criteria of an advanced or qualified electronic signature and, as such, may not always be sufficient to prove the authenticity or integrity of a document in legal disputes.
2. Advanced electronic signature: This signature is uniquely linked to the signatory and capable of identifying them. It is created using electronic signature creation data that the signatory can use under their sole control. The advanced electronic signature must be linked to the signed data so that any subsequent change in the data is detectable.
3. Qualified electronic signature: The highest level of electronic signature, equivalent to a traditional “wet ink” signature under Romanian law. It requires a qualified electronic signature creation device and a qualified certificate issued by a qualified trust service provider. This type of signature carries the highest legal weight and is presumed to have full legal effect.

Relevant standards and conditions for legally binding electronic signatures in Romania

For an electronic signature to be legally binding in Romania, it must meet specific standards and conditions. The specific standards and conditions depend on the type of electronic signature being used.

1. Simple electronic signature: This type of signature is generally considered less secure and may not always be accepted as valid in legal contexts. Its validity depends on the agreement between the parties involved and the specific circumstances of the case. While legally recognised, it offers the lowest level of security and may not be suitable for all types of documents.
2. Advanced electronic signature: To be legally binding, an advanced electronic signature must meet the following criteria:

• It must be uniquely linked to the signatory.
• It must be capable of identifying the signatory.
• It must be created using electronic signature creation data that the signatory can use under their sole control.
• It must be linked to the signed data in a way that any subsequent change is detectable.

3. Qualified electronic signature: This signature is automatically recognised as legally binding in Romania, equivalent to a handwritten signature. It offers the highest level of legal certainty. In addition to the requirements of an advanced electronic signature, it must:

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

Romanian courts automatically accept qualified electronic signatures as evidence without needing further proof of authenticity.

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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 Latvia
• Legal requirements for eSignature in Lithuania
• Legal requirements for eSignature in Poland
• Legal requirements for eSignature in Slovakia
• Legal requirements for eSignature in Ukraine

Circumstances where an electronic signature may not be valid in Romania

Despite the broad acceptance of electronic signatures, there are specific circumstances where an electronic signature may not be valid in Romania:

1. Failure to meet legal standards: If an electronic signature does not meet the criteria for advanced or qualified signatures, it may not be considered legally binding. For instance, a simple electronic signature might not be sufficient to authenticate a legally significant document like a contract or a deed.
2. Lack of agreement between parties: The validity of an electronic signature may be contested if the parties involved have not agreed to use such signatures. Explicit consent to use electronic signatures is crucial for their validity.
3. Specific legal requirements: Certain documents, such as those related to family law or the transfer of real estate, may require a handwritten signature or a qualified electronic signature to be legally binding. In such cases, other forms of electronic signatures may not be accepted.

It's important to consult a legal professional for specific cases where the validity of an electronic signature may be in question.

Recent court decisions on electronic signatures in Romania

Recent court rulings in Romania have consistently affirmed the legal validity of electronic signatures, as long as they adhere to the established legal standards. Romanian courts have shown a strong preference for qualified electronic signatures, owing to their superior security and reliability. A key example of this is Decision No. 23/2019 of the High Court of Cassation and Justice, which emphasises the enforceability of electronically signed documents when these signatures meet the stringent requirements outlined by law. You can review the full decision here.

This ruling underscores the critical importance of selecting the appropriate type of electronic signature, especially in scenarios where the document's authenticity and integrity may be subject to scrutiny. Qualified electronic signatures, which are legally equivalent to handwritten signatures, provide a higher level of assurance as they involve the use of a qualified certificate issued by a trusted service provider and are created using secure signature creation devices.

The legal landscape in Romania, guided by the EU's eIDAS Regulation and local legislation such as Law No. 455/2001 on electronic signatures, requires that electronic signatures be uniquely linked to the signatory and capable of identifying them. This ensures that the signed data is protected against tampering, which is essential in both commercial and legal transactions.

Moreover, the High Court's decision serves as a reminder that not all electronic signatures carry the same legal weight. While simple electronic signatures may be adequate for less formal agreements, they may not withstand legal challenges where the authenticity of the document is disputed. Therefore, businesses and individuals involved in high-stakes or legally significant transactions are strongly advised to use qualified electronic signatures to safeguard their agreements against potential invalidation in court.

By adhering to the best practices and leveraging the legal framework provided by the eIDAS Regulation and Romanian law, parties can ensure that their electronically signed documents are not only legally binding but also robust against potential disputes.The emphasis placed by Romanian courts on the use of qualified electronic signatures highlights the evolving nature of digital transactions and the increasing importance of ensuring compliance with the highest legal standards to protect the integrity of electronic agreements.

Forthcoming legislation on electronic signatures in Romania

At present, there are no significant legislative changes on the horizon in Romania that specifically address electronic signatures. However, the rapid pace of digital transformation in Romania, coupled with ongoing developments within the broader European Union, suggests that future updates to the legal framework may be necessary to accommodate new technologies and evolving practices.

As digital transactions become increasingly integral to both the public and private sectors, Romania is expected to continue aligning its laws with EU directives and regulations, particularly the eIDAS Regulation, which provides a comprehensive framework for electronic identification and trust services across Europe. This alignment is crucial not only for maintaining the legal recognition of electronic signatures but also for ensuring that these signatures are widely adopted in business and government transactions.

Future legislative changes are likely to focus on enhancing security measures, ensuring the interoperability of electronic signature systems across borders, and building user trust and accessibility. Additionally, as emerging technologies such as blockchain, artificial intelligence, and quantum computing begin to influence digital identity and security, Romania’s legal framework may need to adapt to these innovations. While no immediate changes are expected, the ongoing evolution of technology will likely prompt future updates to ensure the continued relevance and effectiveness of electronic signature laws.

Industry-specific requirements for electronic signatures in Romania

While the general legal framework applies across most industries, some may have additional requirements or specific standards for electronic signatures

1. Financial services: The financial industry often requires advanced or qualified electronic signatures for high-value transactions and contracts to ensure maximum security and legal compliance.
2. Healthcare: In the healthcare sector, electronic signatures are used for medical records, prescriptions, and other sensitive documents. Advanced or qualified electronic signatures are preferred to maintain patient confidentiality and data integrity.
3. Real estate: Although some real estate transactions still necessitate traditional signatures, advanced or qualified electronic signatures are often preferred when eSignatures are allowed, particularly for legally binding agreements.
4. Legal services: In instances where eSignatures are allowed for court submissions and official legal documents, advanced or qualified electronic signatures are typically required.
5. Government contracts: Public procurement and government contracts in Romania typically require the use of qualified electronic signatures to ensure compliance with legal standards and to prevent fraud.

These industry-specific requirements highlight the need for businesses and individuals to choose the appropriate type of electronic signature based on the nature of the transaction and the legal requirements of the relevant industry. For industry-specific guidelines, it is best to consult the relevant regulatory bodies or professional associations.

Adoption of electronic signatures in Romania

The adoption of electronic signatures in Romania has been steadily increasing, driven by the ongoing digitisation of business processes and government services. This shift towards digital methods has become essential for enhancing efficiency, security, and convenience in managing transactions and documentation. The COVID-19 pandemic further accelerated this trend, as remote work and online transactions became more common, prompting both the private and public sectors to embrace electronic signatures as a reliable alternative to traditional paper-based methods.

Romanian businesses, particularly in the financial, legal, and technology sectors, have recognised the significant benefits of electronic signatures. These sectors, which frequently handle sensitive and legally binding documents, have adopted electronic signatures to streamline operations, reduce administrative burdens, and ensure compliance with legal standards in a remote working environment. Government initiatives aimed at promoting digital transformation have also played a crucial role in expanding the use of electronic signatures, especially within public administration.

The alignment of Romania’s legal framework with the European Union’s eIDAS Regulation has provided the necessary support for this transition, ensuring the legal validity and enforceability of electronic signatures. As digital transformation continues, the use of electronic signatures is expected to become even more widespread, further embedding them into the fabric of Romania’s digital future.

Leading providers of electronic signatures in Romania

Several providers offer electronic signature solutions in Romania, catering to different needs and industries. Some of the 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. Eversign: Offers a secure solution with features tailored to small businesses.
5. Yousign: A European electronic signature solution.
6. Scrive: Specialises in electronic signature and identification solutions for various industries.
7. HelloSign: A Dropbox company providing electronic signature solutions.
8. SignRequest: Offers simple electronic signature solutions. 
9. Zoho Sign: Part of the Zoho suite, providing seamless integration with other Zoho applications.

FAQ: common questions about electronic signatures in Romania

Are electronic signatures legally binding in Romania?

Yes, electronic signatures are legally binding in Romania, provided they meet the standards set by the eIDAS Regulation and Law no. 455/2001.

What's the difference between simple, advanced, and qualified electronic signatures?

Simple electronic signatures offer basic legal recognition. Advanced electronic signatures provide more security features. Qualified electronic signatures offer the highest level of legal certainty and are equivalent to handwritten signatures.

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

While electronic signatures are widely accepted, some documents (like wills or certain real estate transactions) may still require traditional signatures or notarization.

Do I need special software to create a legally valid electronic signature in Romania?

For simple or advanced electronic signatures, various software solutions are available. For qualified electronic signatures, you'll need a qualified electronic signature creation device and a certificate from a trusted service provider.

Are electronic signatures from other EU countries valid in Romania?

Yes, under the eIDAS regulation, qualified electronic signatures from other EU countries are recognised in Romania.

Is any new legislation expected to change the legality of electronic signatures in Romania?

Currently, there are no significant legislative changes expected. However, Romania will likely continue to align with EU directives and regulations, which may result in future updates.

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

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 Romania?

Leading providers of electronic signature solutions in Romania include Juro, DocuSign, and Adobe Sign, among others. 

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Electronic signatures have become an integral part of business and legal transactions in Romania. With a clear legal framework aligned with EU regulations, Romania provides a favourable environment for the use of electronic signatures. As technology continues to evolve, it's likely that the adoption and acceptance of electronic signatures will further increase across various sectors in Romania.

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