Legality of eSignatures in Bulgaria

Background

As technology rapidly progresses, there is an increasing demand for contemporary methods to authenticate signatures on documents. This has led to a considerable interest in the adoption of electronic signatures. These digital methods facilitate swift, environmentally friendly signings, cutting down on paper and expediting deals. Nevertheless, when implementing eSignatures not only in Bulgaria but also across the world.

When engaging in transactions within Bulgaria, it is crucial to choose an eSignature provider that complies with Bulgarian legislation, particularly the Bulgarian Act on Electronic Documents and Electronic Trust Services as well as the eIDAS Regulation of the European Union pertaining to electronic signatures. Compliance with these legal standards ensures that electronic signatures are legally equivalent to traditional handwritten signatures. It is important to remember that certain documents might still require a physical signature, and since laws can differ locally, consulting with legal professionals is recommended.

The eSignature service’s vital security features include encryption, authentication, and audit trails to prevent unauthorized access and ensure document integrity, with providers such as BoldSign meeting these standards for compliance and security. In Bulgaria, the success of electronic signatures hinges on legal compliance, security assurance, and user-friendly platform selection.

What is an electronic signature

Under Bulgarian eSignature legislation, an electronic signature is an electronic form of data attached to or logically associated with another electronic data and used by the signatory to sign. In Bulgaria, such signatures are legally valid for most documents as long as they can be unmistakably linked to the signer and there is reliable proof of their authenticity, ensuring that the document has not been altered or forged. It is also crucial that the signer clearly intends to sign, showing the Agreement with the contents of the document. When these conditions are met, electronic signatures receive the same legal status as handwritten signaturesi.

Overview of electronic signature regulation in Bulgaria

As a member of the European Union, the Republic of Bulgaria has its eSignature regulations shaped by the Electronic Identification and Trust Services Regulation [eIDAS]¹.Nationally, the implementation of electronic signatures for transaction completion is governed by the:

Bulgarian Act on Electronic Documents and Electronic Trust Services²
Electronic Government Act³
Electronic Commerce Act⁴

Generally, electronic signatures in Bulgaria are deemed to bear the same legal validity as a wet-ink signature, provided that the parties therein have agreed to its use in execution, where this has been agreed upon by the parties⁵.

Under Bulgarian regulations, eSignatures are categorized into three categories⁶.

Simple electronic signature
Advanced electronic signature
Qualified electronic signature

A standard electronic signature⁷ is explained to be electronic data attached to or logically associated with an electronic document, ensures the authenticity of the electronic document, and confirms the identity of the signatory.

An advanced electronic signature is an electronic signature meeting the requirements set out in Article 26⁸ of the eIDAS which provides that Advanced Electronic Signature must be:

Uniquely linked to the signer.
Capable of identifying the signatories.
Developed using means that the signatory can maintain his control.
Linked to the data it relates to so that any subsequent change to the data is detectable.

Uniquely linked to the signer

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

Use and incorporation remaining in the signers’ 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 signatories

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 identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s I.P. address, timestamps of key signing events, and location, providing proof of identity, timing, and signature place.

A qualified electronic signature is an advanced electronic signature that is generated using a certified device for creating electronic signatures and relies on an accredited certificate specific to electronic signatures.

Article 32⁹ sets out a validation criteria to be met by a qualified eSignature. These are:

Statutory compliant certificate at the time of signing.
A qualified trust service provider issued a valid certificate when signing.
Signature validation data aligns with the data provided to the relying party.
The unique set of data representing the signatory in the certificate was correctly provided to the relying party.
The use of any pseudonym is indicated to the relying party in the transaction if a pseudonym was used at the time of signing.
The electronic signature is of a qualified electronic signature creation device.
The integrity of the signed data has not been compromised.
Meets validity standards of an advanced eSignature.

Summary analysis

Electronic Documents and Electronic Trust Services Act, Regulation (E.U.) No 910/2014 of the European Parliament, and Electronic Governance Act.

Type of Signature	Unique Features	Legal validity
Simple Electronic Signature	No unique feature other than being data in electronic form.	Deemed valid where the parties have agreed upon the use.
Advanced Electronic Signature	Uniquely linked to the signers. Capable of identifying the users. Developed using means that the signatory can maintain his control. Linked to the data it relates to so that any subsequent change to the data is detectable.	Deemed valid where the parties have agreed upon the use.
Qualified Electronic Signature	Certificate compliant with laws provided at signing. The trust service provider issued a valid certificate at signing. Signature validation matches the data given to the recipient. The signatory's unique data is accurately given to the recipient. Any pseudonym used is disclosed to the recipient. Signature made with a qualified electronic signature device. Signed data integrity maintained. Meets all features of an advanced eSignature.	Valid unless the contrary is proven.

Trusted List (Trust Service Providers)

Subject to Article 22 of the eIDAS,¹⁰ the Communications Regulation Commission (CRC) reserves the duty and obligation to establish, maintain, and publish the list of trust service providers. The Trusted List maintains records of all accredited trust service providers operating within Bulgaria, along with the trust services they offer. Upon request, unaccredited trust service providers may also be included in the Trusted List.

The active accredited trust service providers are¹¹:

Borica Ad
Evrotrust Technologies Jsc
Infonotary Plc
Information Services Plc
System For Electronic Payments Bulgaria

Stay updated with the list by frequently reviewing the active trust service providers for each individual country within the European Union.

The scope and limitation of electronic signature transactions

Electronic signature validity varies with document types, making them suitable for some transactions, but not others. A detailed analysis and a summary table of such transactions are provided below.

Documents that can be signed

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

Human resources
Procurement¹²
Non-disclosure agreements (assuming they are contracts, not formal deeds)
Public petitions
Internal correspondences
End-user licenses
Educational field
Offer letters

Cases where advanced electronic signatures may be used

Use of advanced electronic signature or that higher than it (Qualified Electronic Signature) is permissible in:

Applications for electronic administrative services by natural persons¹³.
Termination of employment contract by employee without notice¹⁴.
Applications and filing of documents under the Health Insurance Act¹⁵.

Cases where qualified electronic signatures can be used

Article 13 of the Electronic Document and Electronic Trust Services Act¹⁶ provides that a qualified electronic signature shall be recognized as legally equivalent to a handwritten signature. This was transposed from Article 25 of the eIDAS¹⁷. As such, the following (non-exhaustive list) can only be signed in either wet ink signature or qualified electronic signature:

Visa Applications¹⁸.
Reception of applications and documents related to the registration of medical establishments¹⁹.
Disclosure by banks and credit institutions of other information (any payment in cash in an amount exceeding BGN 30,000 or the equivalent thereof in a foreign currency made or received by a customer²⁰⁾.
Applications by managers of registered centers, wherein experiments with animals shall be carried out²¹.
Application for the license of Transportation of Animals²².
Termination of Employment Contract by Employee Without Notice²³.
Applications for a class A, class B, or a priority investment project investment certificate²⁴.
Application and filling of documents under the Health Insurance Act²⁵.
Roll of voters submitted by political parties for party registration²⁶.
Roll of voters submitted by political parties for the formation of a coalition²⁷.
Roll of voters submitted for registration as an independent candidate in an election and for the presidency and vice presidency seats²⁸.
Petitions with respect to the national referendum²⁹.
Tally Sheets³⁰.

Exempted transactions

Under Bulgarian regulations, transactions that cannot be concluded in electronic signatures are provided for under the Electronic Commerce Act:

Assessment and collection of public receivables.
(amended, SG No. 41/2007) personal data protection, including in the field of electronic communications.
Agreements, decisions, and coordinated practices within the meaning of Article 9 of the Protection of Competition Act.
Notarial practice and other professional activities, related to the exercising of official authority; representation before the court.
Games of chance³¹.

Permissible transactions
Any type of electronic signature	Qualified electronic signature	Advanced electronic signatures or Qualified electronic signature	Exempted transactions
Human resources procurement Non-disclosure agreements (assuming they are contracts, not formal deeds) Public petitions Internal correspondences End-user licenses Educational field Offer letters.	Visa applications. Applications for medical establishments. Disclosure by banks and credit institutions of other information against money laundering. Applications by managers of registered centers, wherein experiments with animals shall be carried out. Application for license of transportation of animals Termination of employment contract by employee without notice. Applications for a class A, class B or a priority investment project investment certificate. Applications and filling of documents under the Health Insurance Act. Roll of voters submitted by political parties for party registration. Roll of voters submitted by political parties for party registration. Roll of voters submitted by political parties for the formation of a coalition. Roll of voters submitted for registration as an independent candidate in an election and for the presidency and vice presidency seats. Petitions in respect to national referendum. Tally sheets	Applications for electronic administrative services by natural persons. Termination of employment contract by employees without notice. Applications and filling of documents under the Health Insurance Act.	Assessment and collection of public receivables. Personal data protection, including in the field of electronic communications. Agreements, decisions, and coordinated practices within the meaning of Article 9 of the Protection of Competition Act. Notarial practice and other professional activities, related to the exercising of official authority. Representation before the court. Games of chance. Consumer complaints and signals.

Consumer complaints and signals (where signing is done by a proxy and a power of attorney used)³².

Summary scope and limitations

To ensure the validity of an eSignature, it is advised to follow these best practices while also fulfilling all applicable legal requirements:

Ascertain the identity of the signatory and, when it involves corporate transactions, verify that the person has the authority to act on behalf of the corporation in signing the document.
Secure explicit approval from the signatory, which can be documented in the contract or a separate agreement, to confirm their intention to use the specified electronic signature for the document.
Protect the document from any changes after the electronic signature has been affixed.
Keep a comprehensive log of the signing process that captures every step the signatory performs.

Notable case laws on electronic signature in Bulgaria

CASE C 362/21³³,[Request for a preliminary ruling under Article 267 tfeu from the administrativen sad veliko tarnovo (administrative court, veliko tarnovo, Bulgaria] The European Court of Justice, in making its determination, held that.

“Under Article 25(1) of the E.U. Regulation 910/2014, an electronic document’s administrative act can be invalidated if its electronic signature does not meet the regulation’s standards for a ‘qualified electronic signature’ as defined in Article 3(12), but not simply because the signature is electronic. Article 3(12) clarifies that a ‘qualified electronic signature’ must include a ‘qualified certificate for electronic signature’ as per Article 3(15). The absence of this certificate is enough to determine that the signature is not ‘qualified,’ regardless of any ‘professional electronic signature’ status.

The regulation also clarifies that just entering an electronic signature into a trust service provider’s certificate isn’t enough to qualify it as such under Article 3(12). Courts must ensure all conditions in Article 3(12) and related provisions are met, especially those in Article 26 and Annex I.

Finally, when assessing a qualified electronic signature against Annex I’s standards, the use of Latin script to transliterate names normally written in Cyrillic doesn’t automatically disqualify it as ‘qualified.’ The signature must still be uniquely linked to and capable of identifying the signatory, which is for national courts to determine.”

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Bulgaria’s eSignature 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 consented.
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 the EU. 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 EU 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 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.

Syncfusion makes no warranties of any kind, including but not limited to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.

Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form.

¹ Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC [http://data.europa.eu/eli/reg/2014/910/oj]
² Electronic Document and Electronic Trust Services Act. (2018) [https://crc.bg/files/_en/Zakon_ZEDEUU_EN_09072018.pdf]
³Bulgaria Electronic Government Act 2007 (as amended upto 2019) [https://census2021.bg/wp-content/uploads/2020/01/Electronic_Government_Act_en.pdf]
⁴ Electronic Commerce Act [2008]. (as amended by SG No. 80 of 2023) [https://lex.bg/bg/laws/ldoc/2135555445]
⁵ Electronic Document and Electronic Trust Services Act. Art. 13 (4)
⁶ Electronic Document and Electronic Trust Services Act. (2018 ) Art. 13 [https://crc.bg/files/_en/Zakon_ZEDEUU_EN_09072018.pdf]
⁷ Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC. Art 3(10) [http://data.europa.eu/eli/reg/2014/910/oj]
⁸ Ibid Art 3 (11) and 26
⁹ Electronic Identification and Trust Services Regulation 910 of 2014. Art. 3(12) and 32
¹⁰ Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC. Art 22 [http://data.europa.eu/eli/reg/2014/910/oj]
¹¹ Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC. Art 3(10) [ https://eidas.ec.europa.eu/efda/tl-browser/#/screen/tl/BG ] Accessed on 23rd April 2024
¹² Public Procurement Act. Art. 221-223 [https://www2.aop.bg/wp-content/uploads/2024/04/Public-Procurement-Act.pdf/]
¹³ Electronic Govenment Act. Art. 22(5) [https://census2021.bg/wp-content/uploads/2020/01/Electronic_Government_Act_en.pdf]
¹⁴ Labour Code. Art. 327 [http://www.parliament.am/library/ashxatanqayinorensgrqer19/bulgaria.pdf]
¹⁵ Health Insurance Act, Supplementary provisions 1a [https://www.minfin.bg/upload/36670/Health_Insurance_Act.pdf]
¹⁶ Electronic Document and Electronic Trust Services Act. Art. 13 (4) [https://crc.bg/files/_en/Zakon_ZEDEUU_EN_09072018.pdf]
¹⁷ Regulation (Eu) No 910/2014 of the European Parliament and of the Council, S. 4, Art. 25 [https://eur-lex.europa.eu/eli/reg/2014/910/oj]
¹⁸ Foreigners in the Republic of Bulgaria Act. Art. 9g [https://www.mig.government.bg/wp-content/uploads/2022/11/foreigners_in_the_republic_of_bulgaria_act.pdf]
¹⁹ Act Amending and Supplementing the Medical Establishments Act. S. 75 [https://platform.who.int/docs/default-source/mca-documents/policy-documents/law/BGR-RH-54-05-LAW-2018-eng-Medical-Establishments-Act.pdf ]
²⁰ Measures Against Money Laundering Act. Art. 79 (1) & (2) [https://www.dato.bg/docs/Measures_Against_Money_Laundering_Act-%20%D0%97%D0%B0%D0%BA%D0%BE%D0%BD%20%D0%B7%D0%B0%20%D0%BC%D0%B5%D1%80%D0%BA%D0%B8%D1%82%D0%B5%20%D1%81%D1%80%D0%B5%D1%89%D1%83%20%D0%B8%D0%B7%D0%BF%D0%B8%D1%80%D0%B0%D0%BD%D0%B5%D1%82%D0%BE%20%D0%BD%D0%B0%20%D0%BF%D0%B0%D1%80%D0%B8.pdf ]
²¹ Veterinary Practice Act. Art. 155 [https://www.woah.org/app/uploads/2022/04/veterinary-practice-act-bulgaria.pdf]
²² Ibid Art. 165
²³ Labour Code. Art. 327 [http://www.parliament.am/library/ashxatanqayinorensgrqer19/bulgaria.pdf ]
²⁴ Investment Promotion Act. Art. 18 (3) [https://www.mig.government.bg/wp-content/uploads/2024/01/inverstment-promotion-act-2022.pdf]
²⁵ Health Insurance Act. – Supplementary provisions 1a – [https://www.minfin.bg/upload/36670/Health_Insurance_Act.pdf]
²⁶ Elections Code. Art. 133 (5) [https://europam.eu/data/mechanisms/PF/PF%20Laws/Bulgaria/Bulgaria_Election%20Code_2014_amended2016_EN.pdf]
²⁷ Ibid Art. 140 (6)
^{28 Ibid Art. 257(2), 320, 367, and 415
²⁹ Citizens’ Direct Participation in Central Government and Local Self-government Act. Art. 13, 29, 51, and 57(5). [https://www.cik.bg/upload/56758/Direct+Citizen+Participation+in+State+and+Local+Government+Act.pdf ]
³⁰ Elections Code. Art. 293 [https://europam.eu/data/mechanisms/PF/PF%20Laws/Bulgaria/Bulgaria_Election%20Code_2014_amended2016_EN.pdf]
³¹ Electronic Commerce Act (as amended in 2018) (Solicitor Bulgaria – Bulgarian Electronic Commerce Act)
³² Consumer Protection Act. Art. 178 [https://www.cem.bg/files/1654782793_consumer_protection_act.pdf ]
³³ Case C 362/21 ‘Ekofrukt’ Eood Vs Direktor Na Direktsia ‘Obzhalvane I Danachno-Osiguritelna Praktika’ (2022) ⁱ [https://europam.eu/?module=legislation&country=Bulgaria]}

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