Updated legal framework for electronic signatures

Law No. 214/2024, concerning the use of electronic signatures, timestamps, and the provision of trust services based on these technologies (Law No. 214/2024), represents a significant step forward in Romania's digital infrastructure. Published in the Official Gazette on July 8, 2024, this law will be applicable starting from October 8, 2024. This Law aims aims to create a clear and predictable legal framework for the use and effects of different types of electronic signatures (i.e. qualified, advanced, and simple), further harmonises local legislation and implements the EU Regulation No. 910/2014 on electronic identification and trust services for electronic transactions (eIDAS Regulation).

Key highlights of Law No. 214/2024 include:

1. Equivalence of Electronic and Handwritten Signatures. For legal acts requiring the written form to be valid (such as mortgage or employment contracts), an electronic document will meet this requirement if it’s signed with a qualified electronic signature or, in certain cases, with an advanced electronic signature.

2. Simple Electronic Signatures. Simple electronic signatures, while not as secure as advanced ones, will have the same legal effect as handwritten signatures in certain situations:

   • for low-value transactions, below half of the gross minimum wage (about RON 1,850 or EUR 370);

   • if the opposing party explicitly recognizes the signature or implicitly acknowledges it through their actions;

   • if the parties are professionals and have agreed in a separate written document, signed with a handwritten or qualified electronic signature.

3. Advanced Electronic Signatures. An advanced electronic signature is legally equal to a handwritten signature if:

   • it is created with a certificate from a public authority, institution, or qualified trust service provider;

   • the opposing party recognizes it, either explicitly or through their actions;

   • the parties agree in a separate document, signed with a handwritten or qualified electronic signature.

4. Qualified Electronic Signatures. Qualified electronic signatures continue to be equivalent to handwritten signatures and retain the same legal effects, consistent with the eIDAS Regulation, which guarantees their mutual recognition and acceptance across the EU.

5. Exceptions to the Application. For legal acts requiring notarization, the authentication process must be conducted in accordance with the applicable legal provisions, as the provisions of this law do not apply in such cases.

6. Electronic Signatures as Evidence in Court. All types of electronic signature provided for by eIDAS Regulation and Law No. 214/2024  may be used as evidence before the courts, and a legal act in electronic form signed with the minimum electronic signature required for that act produces the same legal effects as a legal act in letric form (hard copy).

7. Repealed Legislation. Law No. 214/2024 repeals the following legislative acts:

   • Law No. 455/2001 on electronic signatures;

   • Law No. 451/2004 on timestamps;

   • Government Emergency Ordinance No. 38/2020 on the use of electronic documents at the level of public authorities and institutions.