The Legality of eSignatures in Romania

Documents that can be signed electronically

In Romania, a simple electronic signature (SES) is sufficient for various types of documents, including:

• Commercial agreements between corporate entities, such as purchase orders, NDAs, invoices, and order acknowledgements
• Certain HR documents, including NDAs, privacy notices, and other employee onboarding paperwork
• Consumer agreements, such as sales terms, new retail account openings, service terms, order confirmations, user manuals, and policies

However, specific transactions require a qualified electronic signature (QES) for added security and legal validity. These include:

• Land lease agreements
• Employment contracts
• Acknowledgements of debt
• Insurance agreements
• Termination of agreements
• Articles of incorporation for a limited liability company
• IP agreements, with limited exceptions
• Consumer loan agreement notifications issued by creditors to consumers

Documents that may not be electronically signed

In Romania, there are specific instances where handwritten signatures are explicitly required, or formal processes that are incompatible with electronic signatures must be followed. These include:

• Sales agreements for immovable property
• Personal guarantee agreements
• Alimony agreements
• Donation agreements
• Movable mortgage agreements
• Certain family law contracts, such as prenuptial agreements
• Wills
• Transfer or establishment of real rights
• Other legally sensitive transactions where handwritten signatures are mandated by law or traditional processes are not compatible with e-signatures

Types of e-signature permitted in Romania

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.

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

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• EU regulation No. 910/2014 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