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Explore the BoldSign features that make eSigning easier.

Electronic signatures have transformed the process of document authentication, streamlining agreement finalization in Albania and globally. These digital mechanisms facilitate swift, environmentally friendly signing processes, diminishing the reliance on paper and expediting business dealings. Nonetheless, a thorough grasp of the essential factors in adopting electronic signatures within Albania is crucial.

Organizations and individuals must choose an electronic signature platform that complies with Albanian legal standards, particularly in accordance with Law No. 9880 regarding electronic signatures. This law affirms the legal equivalence of electronic signatures to their ink-and-paper counterparts. However, it is worth noting that certain documents may still require a handwritten signature, and legal requirements can vary by region, making it prudent to seek legal advice.

The security features of the electronic signature service are paramount. The selected provider should offer robust security options, including encryption, authentication protocols, and comprehensive audit trails to deter unauthorized access and safeguard the integrity of documents. BoldSign is designed to provide these security assurances, fulfilling compliance and security needs.

In summary, electronic signatures offer many advantages and are widely accepted; yet, adherence to legal regulations, a focus on security, and the choice of an easy-to-use platform are essential for their successful deployment in Albania.

Under Albania regulations, Law No. 9880 On Electronic Signatures, an electronic signature is a collection of electronic data attached to, integrated with, or logically connected to other electronic data used for authenticating the identity of the alleged author. These signatures are considered legally enforceable. For most documents, it is imperative for the signatures to be securely linked to the signatory and to be safeguarded against alterations or fraud. Satisfying these criteria ensures that electronic signatures are as legally valid as traditional handwritten signatures.

Electronic signatures are considered just as valid as traditional wet-ink signatures; however, their use is subject to specific regulations spelt out in:

  • Law No. 9880 On Electronic Signatures

Law 9880 under Article 3 categorizes electronic signatures into three distinct varieties:

  • Standard Electronic Signatures
  • Advanced Electronic Signatures
  • Qualified Electronic Signatures

Standard electronic signatures are defined as all data in electronic form connected to other electronic data or logically linked to the data and used for authentication and the integrity of the signed document.

An advanced electronic signature is defined to be an electronic signature which:

  • Exclusively assigned to the specific owner of the signature code.
  • Enable the identification of the owner of the signature code.
  • Produced with secure means, which the owner of the signature code can keep under his sole and exclusive control.
  • Linked to the data in such a manner that enables any subsequent alteration of the data to be easily detected.

Qualified electronic signatures are electronic signatures based on a qualified certificate that is valid at the time of the signature’s creation and has been produced with a secure device for the creation of signatures.

Types of documents Principal statutes Unique features Validity standard Special consideration as to the use
Standards Electronic Signature Law No. 9880 On Electronic Signature. N/A
  • Depends on the evidentiary weight.
Advanced Electronic Signature
  • Capable of identifying the signatory.
  • Developed out by a method under the sole custody of the signatory.
  • Linked to the data in such a way that any change in them after the signature is clearly visible.
  • Relates to a signatory alone.
Qualified Electronic Signature
  • Based on a valid qualified certificate.
  • Developed by a secure signature creation device.
  • Meeting features the advanced electronic signature above.
  • Valid unless the contrary is proven.
  • Used where signature is required by law, especially where one isn’t able to use the wet ink signature except for excluded transactions.

The suitability of electronic signatures depends on the type of document in question, rendering them apt for certain transactions while unsuitable for different ones. An assessment and accompanying table detailing these transactions are provided below.

Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:

  • Human resources
  • Procurement
  • Non-disclosure agreements (assuming they are contracts, not formal deeds)
  • Public petitions
  • Internal correspondences
  • End-user licences
  • Educational Field
  • Offer letters

The Albania Law No. 9880 On Electronic Signature, under Article 7, specifies restrictions on the use of electronic signatures, stating that they are not permissible for the following applications:

  • Legal action in the area of family law and law of legacy, which are subjected to special legal requirements.
  • Other legal actions which require the public legalization, a written notarized act or official confirmation by a court.
  • Legal actions that refer to assets as a guarantee of bail.
Permissible transactions Exempted transactions
  • Human resources
  • Procurement
  • Non-disclosure agreements (assuming they are contracts, not formal deeds)
  • Public petitions
  • Internal correspondences
  • End-user licences
  • Educational field
  • Offer letters
  • Family law transactions
  • Notaries public
  • Court transaction/transactions needing the intervention of the court.
  • Transactions before/ where a government authority.

To ensure the authenticity of an electronic signature, it is advised to follow these recommended practices while also meeting all applicable legal requirements:

  • Confirm the identity of the signer and, when it involves a corporate entity, verify that the individual has the legal authority to bind the company with their signature.
  • Acquire explicit permission from the signer, which may be incorporated into the contract or provided via a separate acknowledgement form, to affirm their intention to sign the document using the specified electronic signature method.
  • Protect the document from any changes after the electronic signature has been applied.
  • Keep a comprehensive log of the signing procedure, recording every step taken by the individual applying the signature.

The following elements of compliance available within BoldSign can be used to comply with Albania electronic signature laws:

  • Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer's email address. This helps to ensure that the document is only accessed by the intended signer and that it cannot be tampered with.
  • Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds a layer of security to the signing process.
  • Audit trail: The IP address of the signer, along with timestamps for all significant events in the signing process, are recorded in an audit trail. This provides a record of who signed the document when they signed it, and from where they signed it.
  • Digital signature: The final signed document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
  • Consent: Signers are asked to confirm their intent to sign electronically and are also informed that they have the option to opt out. This helps to ensure that the signer is aware of the implications of signing electronically and that they have given their consent to do so.
  • Custom terms: There is an option to get your signers to agree to a custom set of terms. This can be useful for adding additional security or ensuring that the signer understands the terms of the document.

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

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