Legality of eSignatures in Belarus

Background

Electronic signatures are highly valued in Belarus due to their ease of use, efficiency, and speed in creating a legally recognized signature that is secure and valid. The ability to combine legal certainty with digital efficiency makes eSignatures indispensable for modern government and business transactions. However, grasping the essential components of implementing electronic signatures in Belarus is crucial.

For successful adoption, it is vital to select an eSignature that meets the Belarusian legal standards, especially the Law of the Republic of Belarus of December 28, 2009, No. 113-Z¹. The law provides that electronic signatures have the same legal validity as their handwritten counterparts, provided they meet the requirement standards. Despite the progressive acceptance of electronic signatures, it is vital to recognize that some documents may still need a physical signature, and seeking legal consultation is advisable to navigate variable regional laws.

Security is of utmost importance in eSignature usage. Services must integrate robust protection features such as data encryption, verification of signer details, and audit trails to prevent unauthorized access and ensure document authenticity. For instance, BoldSign offers these imperative security features and complies with legal and security protocols.

In summary, while eSignatures are indispensable for secure, efficient, and legally valid digital transactions, they form the backbone of Belarusian digital transformation programs.

Overview of electronic signature laws in Belarus

The use of electronic signatures in Belarus is governed by the following regulations:

• Law of the Republic of Belarus of December 28, 2009, No. 113-Z "on electronic documents and electronic digital signatures"
• The civil code of the Republic of Belarus

Law No. 113-Z on electronic documents and electronic digital signatures provides that where the law requires a document to be in writing, then the electronic document and its copy are considered to comply with this requirement.² The law further divides electronic signatures into:

• Electronic digital signatures
• Certified electronic digital signatures

An electronic digital signature (EDS) is a sequence of symbols that is a requisite of an electronic document and is intended to confirm its integrity and authenticity. EDS must meet the following requirements:³

• Uniquely related to the signatory
• Identifies the person who signed the digital record unambiguously
• Linked to the data to which it relates so that any subsequent change in the data is detectable
• Created using a means that the signatory can maintain under their sole control

Uniquely linked to the signer

A secure electronic signature must be 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.

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, personal identification number (PIN), email addresses, or 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 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 signature place.

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 holding the private key exclusively to prevent signature forgery.

A certified electronic digital signature is an electronic digital signature that has been created and verified using officially approved, certified means such as government-licensed cryptographic tools or trusted certificate authorities, and that includes an attribute certificate.⁴ Certified EDS must meet the following requirements⁵:

• A statutory compliant certificate at the time of signing
• A digital signature verification key specified in the attribute certificate from a trusted service provider
• Meets the validity standards of an electronic digital signature
• The electronic signature is of a certified electronic digital signature tool

Summary analysis

Law of the Republic of Belarus of December 28, 2009, No. 113-Z

Recognition of foreign electronic signatures

A certificate issued in another country can be recognized in Belarus if there is an international treaty between Belarus and that country allowing mutual recognition, or if a special organization appointed by the President, called a trusted third party, confirms its authenticity for cross-border electronic use.⁶ Additionally, if the foreign certificate provider is officially accredited by Belarus’s State Public Key Management System, then the certificate is automatically valid in Belarus.

Scope and limitations of the electronic signatures

Electronic signature transactions and their applications do not universally possess legal recognition for completing documents. Accordingly, certain categories of transactions and uses are appropriate for electronic signatures, whereas others are not. The following is an analysis of this issue.

Documents that can be signed electronically

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

• Human resources
• Procurement
• Sale agreements
• Software license agreements
• Consumer agreements
• Insurance industry
• Educational field
• Commercial contracts
• Non-disclosure agreements (NDAs), etc.

Exempted transactions

Caution should be exercised when handling certain sensitive documents in Belarus, which may require a handwritten signature for execution. These exclusions typically include:

• Power of the attorney
• Notarial Acts, e.g., wills, documents related to alienation of real estate
• Insurance documents
• Family law documents, such as marriage, adoption, divorce, and birth documents
• Certificate of inheritance rights
• Judicial documents such as writs of execution and court decisions
• Documents related to real estate that require state registration
• Documents where the law explicitly requires a handwritten signature

To guarantee the legitimacy of an electronic signature, it is recommended to adhere to the following best practices while also ensuring compliance with all relevant legal obligations:

• Verify the identity of the person signing and, in companies, confirm that the individual is legally authorized to commit the company with their signature.
• Obtain explicit consent from the person signing, which can be included in the contract itself or provided through a separate consent document, acknowledging their intent to use the chosen electronic signature method for the document.
• Safeguard the document against any alterations post-application of the electronic signature.
• Maintain a detailed record of the signing process, documenting each action performed by the person executing the signature.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Belarusian 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 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.

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, warranties of merchantability, fitness for a particular purpose, or accuracy.

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