The Legality of eSignatures in Latvia

Documents that can be signed electronically

Documents that can be signed using an SES in Latvia include:

• Commercial and residential lease agreements
• HR documents including employment contracts, NDAs, privacy notices, and more
• Software license agreements
• Consumer agreements such as opening a new retail account, software licenses, purchase orders, sales terms, etc
• Intangible property transfers
• Commercial agreements between corporate entities such as order acknowledgements, invoices, distribution agreements, NDAs, and more
• Licenses of intellectual property

Documents that require a more secure, qualified electronic signature (QES) include:

• Power of attorney issued by a legal professional
• Termination of an employment agreement
• Commercial pledge agreements
• Corporate documents filed at the Commercial Register
• Signature of notary

Documents that may not be electronically signed

There are some use cases in Latvia where it is explicitly required that handwritten signatures are used or formal processes are in place that are not compatible with electronic signatures. These include:

• Company incorporation documents such as an application form to the Commercial Register, articles of association, register of a limited liability company’s shares, etc.
• Power of attorney issued by a natural person
• Some acts governed by family law e.g., nuptial agreements
• Certain agreements enabling expedited/facilitated judicial enforcement
• Certain acts governed by the law of succession such as some forms of last will and testament
• Requests to the Land Register to create, amend, or delete a record regarding rights in rem

Types of e-signature permitted in Latvia

The eIDAS regulation defines an electronic signature as data in electronic form which is attached or logically associated with other data in electronic form and which is used by the signatory to sign. It distinguishes between three types of e-signature, simple, advanced, and qualified.

• Simple – the most basic form of e-signature that can be in the form of typing your name at the bottom of an email or checking an approval box. There are no specific security or identity verification requirements for a simple e-signature.
• Advanced – this type of signature is uniquely linked to the signer, can accurately identify the signer, is created using data that the signer can be confident is under their sole control and is linked to the data in a way that detects any subsequent changes that are made. Advanced electronic signatures are more secure than simple signatures and are legally binding in most use cases.
• Qualified – this type of signature is similar to advanced but has additional requirements providers must adhere to. They must be certified based on public keys that have been issued using proper technological means. This means that the identity verification process is multi-step, using both encrypted keys and two-factor authentication.

Latvia does not have a separate definition for electronic signatures outside of the one established by eIDAS.

Notable legality changes since 2020

None. Latvia continues to adhere to the e-signature definitions and rules introduced by the EU eIDAS regulation.

Publicly Accessible Links to Laws/Regulations Discussed

• Regulation (EU) No 910/2014 (2014) (eIDAS)

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024