Legality of eSignatures in Andorra

Background

Electronic signatures offer businesses in Andorra and worldwide a smarter way to authenticate documents and complete agreements. Digital signing helps streamline document workflows, accelerate transactions, and reduce reliance on paper, creating a more efficient and sustainable experience. For businesses looking to unlock these benefits in Andorra, understanding the key considerations for electronic signature adoption is an important starting point.

Organizations and individuals must choose an electronic signature platform that complies with Andorran legal standards, particularly in accordance with Law 35/2014¹, of November 27, on Electronic Trust Services. This law affirms the legal equivalence of electronic signatures to their handwritten counterparts provided it is the appropriate electronic signature². However, certain documents still require a handwritten signature. Legal requirements can also vary by region, so it is prudent to seek legal advice.

The right electronic signature solution should combine signing convenience with robust document security. Enterprise-ready capabilities such as encryption, secure authentication, and comprehensive audit trails help businesses control access and protect document integrity. With these safeguards in place, organizations can confidently incorporate electronic signatures into their broader digital document workflows. BoldSign provides these security measures and ensures complete regulatory compliance and advanced security protocols.

For businesses in Andorra, successfully adopting eSignatures means combining regulatory alignment, robust security, and an user-friendly signing experience. Bringing these elements together can help organizations streamline workflows, protect digital transactions, and create more efficient processes that support productivity across the business.

Overview of the electronic signature regulations in Andorra

Parties using electronic signatures for private transactions may agree on the conditions governing their use³. These agreed terms will apply as long as they do not conflict with the law.

Using electronic signature in Andorra is governed by:

• Law 35/2014, of 27 November, on electronic certification and trust
• Decree 382/2021, of 24-11-2021, which approves the reference numbers of standards relating to electronic signature and electronic seal devices, and other related systems, media and products⁴.

The law further provides that an electronic signature shall not be denied legal effects and admissibility as evidence in judicial and administrative proceedings of any kind solely because it is in electronic form.

The laws categorizes electronic signature in Andorra into:

1. Simple Electronic Signature
2. Advanced Electronic Signature
3. Qualified Electronic Signature

A Simple Electronic Signature is data in electronic form attached to other electronic data or logically associated with those used by the signatory to sign. Examples of simple electronic signatures include scanned image of a handwritten signature, clicking “I agree” and typing your name etc.

An Advanced Electronic Signature (AES) is an electronic signature that meets the following requirements⁵:

• Be uniquely linked to the signatory.
• Allow identification of the signatory.
• Have been created using electronic signature creation data that the signatory can use, with a high level of electronic trust, under their exclusive control.
• Be linked to the data to which it refers in such a way that any subsequent modification is detectable.

Uniquely linked to the signer

An advanced electronic signature must be uniquely connected to the person using it. The signature must be uniquely created using methods only the signer can access, like a private key and confidential information, to verify their identity.

Use and incorporation remain in their sole control

The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent signature forgery.

Identify the person using the technological process

The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a personal identification number (PIN), an email address, or even a company registration number.

Track down any alterations made after signing

It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be clearly identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and the location of the signature.

A Qualified electronic signature (QES) is an advanced electronic signature that meets the following requirements⁶:

• Have been created using a qualified electronic signature creation device.
• Be based on a qualified electronic signature certificate which is authentic and valid.
• Has the same legal effect as handwritten signature/ wet-ink signature.
• In the event that a pseudonym is used, the use of the same pseudonym is clearly indicated to the user.
• The set of data that unambiguously represents the signatory is correctly provided to the user.
• The validation data of the electronic signature correspond to the data provided to the user.
• The integrity of the signed data has not been compromised.
• The system used to validate the electronic signature offers the user the correct result of the validation process and allows them to detect any problem that affects security.

Qualified electronic signatures are authenticated through asymmetric cryptography and hashing. The hash function generates a fixed representation of the electronic record, helping ensure that alterations can be detected while making reconstruction of the original record computationally infeasible. Verification uses the signatory’s public key, which works with the signer’s unique private key to form a cryptographic key pair.

Summary Analysis

Law 35/2014, of 27 November, on electronic certification and trust

Recognition of Foreign Electronic Signature in Andorra

Qualified electronic trust services from third countries are considered equivalent to those provided by qualified trust service providers established in Andorra where⁷:

1. European Union providers: The provider is established in the European Union, is satisfactorily supervised by the competent authority of the relevant EU country, and its qualified status is reflected in the EU trusted list.
2. Compliance with recognized standards: The third-country provider complies with standards recognized by the Government of Andorra, corresponding to European Union standards, and has been certified accordingly.
3. International recognition: The qualified electronic trust service is recognized under an agreement between Andorra and a third country or international organization.

For services recognized under an agreement referred to in point (c), the agreement must ensure that the third-country or international provider meets the requirements applicable to qualified trust services and qualified electronic certificates in Andorra, particularly those relating to personal data protection, security, and supervision.

The scope and limitations of the electronic signatures

The use of electronic signatures is suitable for many types of documents and transactions, but it may not be permitted in every case. Certain transactions may be subject to specific legal requirements or restrictions. The following analysis outlines where electronic signatures may be used and summarizes the relevant transaction categories.

Documents that can be signed electronically

Electronic signatures can be used to sign and countersign various types of documents, such as:

• Human resources
• Procurement
• Software license agreements
• Insurance industry
• Educational field
• Commercial contracts
• Sales and service agreement
• Non-disclosure agreements (NDAs), etc.

Exempted Transactions

While Andorra’s electronic signature framework does not explicitly define all transactions exempt from electronic execution, businesses should carefully assess the following transactions before using electronic signatures:

• Notarial deeds
• Transfers of real-estate title, including sale, transfer or encumbrance of land and buildings
• Wills and inheritance instruments
• Marriage instruments and certain family-law matters
• Certain corporate acts requiring entry in a public register or execution through a notary

Summary Table

How does BoldSign help

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

• Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This ensures that the document is only accessed by the intended signer and cannot be tampered with.
• Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds another layer of security to the signing process.
• Audit trail: The IP address of the signer and 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, and where.
• Digital signature: The final 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 informed that they could opt out. This ensures that the signer is aware of the implications of signing electronically and has given their consent.
• Custom terms: Get your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.
• QES compliance: BoldSign offers fully compliant qualified electronic signatures (QES) that are simple, secure, and legally binding across Andorra. QES guarantees that your essential documents are protected with the highest level of e-signature security, giving you peace of mind in your digital transactions. Using BoldSign, you can confidently manage your important documents while ensuring compliance with Andorran regulations.

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

However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations are subject to frequent changes, and the 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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