Law No. 214/2024 on the use of electronic signatures, timestamps, and trust services based on them (“the Law”), adopted by the Romanian Parliament and published in the Official Gazette on July 8, 2024, marks a significant step in the digitization of administrative and legal processes. It will come into force on October 8, 2024, aligning with Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market.
Main Objectives of the Law
- Creating the Legal Framework: The Law establishes an internal legal framework for the direct application of Regulation (EU) No. 910/2014, facilitating the use of electronic signatures, electronic seals, and electronic timestamps in official documents and electronic transactions.
- Conditions of Use: The Law regulates the conditions for using electronic signatures, distinguishing between simple, advanced, and qualified electronic signatures, and the necessary procedures to ensure the authenticity and security of electronic documents.
The Law outlines the legal effects of electronic documents based on the type of electronic signature used: simple, advanced, and qualified.
Documents signed with a qualified electronic signature are equivalent to document under private signature and have the same effects as holograph signatures. Documents issued by public authorities are considered authentic if signed with a qualified electronic signature or a qualified electronic seal. Documents signed with an advanced electronic signature have similar legal effects to holograph signatures under specific conditions, while documents signed with simple electronic signatures can have similar legal effects for low-value patrimonial acts if recognized by the recipient or agreed upon by the professional parties.
Authorities and public institutions, as well as private legal entities, can define closed electronic systems where the use of electronic signatures is conducted in accordance with current legislation and their own regulations.
Furthermore, the Law introduces essential changes in various legal acts and administrative processes:
- Signing Judicial Decisions: Judicial decisions can be communicated via email, signed electronically using qualified or advanced electronic signatures issued by a public authority or institution in Romania, significantly streamlining judicial processes.
- Transmission of Industrial Licenses: Unique industrial licenses will be sent to applicants or holders through electronically signed documents, using a qualified or advanced electronic signature, and time-stamped.
- Clarifications on Electronic Signatures in Joint-Stock Companies: Joint-stock companies can submit annual financial statements and other mandatory documents electronically, using a qualified or advanced electronic signature. The Law also introduces changes regarding the type of electronic signature required for convening general shareholder meetings in these companies.
- Communications from the National Citizenship Authority: Communications to applicants can be made via email, accompanied by a qualified or advanced electronic signature created with a certificate issued by a Romanian public authority or institution, eliminating the need for the institution’s stamp and physical signature.
Repeal and Replacement of Legislative Acts
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.