Legality of eSignatures in Latvia
Background
As technology rapidly progresses, there is an increasing demand for contemporary methods to authenticate document signatures. This has led to considerable interest in the adoption of electronic signatures. These digital methods facilitate swift, environmentally friendly signings, cutting down on paper and expediting deals. This is true not only in Latvia but also across the world.
Individuals must choose a service that complies with Latvia’s legal requirements, namely the Electronic Documents Law and the EU Regulation 910/2014. These regulations equate the legal standing of electronic signatures with that of traditional handwritten signatures. Nonetheless, some documents may still require a physical signature, and the legal requisites for these may vary by region. The established regulations outline the conditions that must be met to confirm an electronic signature’s validity. BoldSign is noted for incorporating security features that ensure adherence to these legal and security standards.
Ultimately, electronic signatures provide notable benefits and are broadly accepted. Nevertheless, to successfully integrate them into the Latvian context, it is crucial to comply with legal standards, maintain security, and choose an accessible service.
What is an electronic signature
An electronic signature is a digital means of capturing an individual’s agreement to be bound by a document’s content. In Latvia, electronic signatures are legally valid when they can be conclusively connected to the signatory and their authenticity can be confirmed, offering safeguards against fraud. These digital signatures must demonstrate the signatory’s deliberate consent to the terms of the document and are deemed as legally binding as traditional ink signatures when all conditions are met.
Overview of the regulation of electronic signatures in Latvia
Overview of the regulation of electronic signatures in Latvia
- Electronic Documents Law (as amended in 2019) 1
- Electronic Identification and Trust Services Regulation2
As a rule, the regulation deems electronic signatures legal in completing transactions. eSignatures under the regulation are categorized into three categories:
- Simple Electronic Signature
- Advanced Electronic Signature
- Qualified (Secure) Electronic Signature
A simple electronic signature is electronic data attached to or logically associated with an electronic document. It ensures the authenticity of the electronic document and confirms the identity of the signatory.3
An advanced electronic signature4 is an electronic signature meeting a set of requirements as below:
- Uniquely linked to the signatory.
- Capable of identifying the signatory.
- Created using means that the signatory can maintain his control.
- Linked to the data it relates to so that any subsequent change 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 made with methods only the signer can access, like a private key and confidential info, to verify their identity.
Use and incorporation remaining in the signers’ sole control
The person using the advanced 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, Personal Identification Number (PIN), email address, 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.
A qualified (secure) electronic signature5 is an advanced electronic signature that is generated using a certified device to create electronic signatures and relies on an accredited certificate specific to electronic signatures. Article 326 sets out validation standards to be met by the one for 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 corresponds to 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 clearly indicated to the relying party 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
Under the Latvian Electronic Documents Law & Electronic Identification and Trust Services Regulation
| Type of signature | Unique Features | Legal Validity | Consent as to use | Special Consideration on use |
|---|---|---|---|---|
| Standard Electronic Signature |
| Validity is dependent on the evidentiary weight. | Must be expressed in an agreement signed by both parties. | N/A |
| Advanced Electronic Signature |
| Validity is dependent on evidentiary weight across jurisdictions. | ||
| Qualified (Secure) Electronic Signature |
| Deemed valid unless the contrary is proven. | Section 3 Electronic Documents
Law
|
Scope and limitations of electronic signature transactions
The use of electronic signatures to conclude transactions is not uniformly recognized as legally valid. As a result, certain types of transactions and applications are acceptable for electronic signatures, while others are not. An analysis of this issue is presented below, along with a concise table outlining the relevant transactions.
Documents that can be signed
Electronic signatures can be employed to affix signatures and countersignatures on an array of documents, such as:
- Human Resources
- Procurement
- Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
- Software License Agreements
- Insurance Industry
- Educational Field, etc.
Cases where only qualified electronic signature and wet-ink signature are authentic
Under Article 25 of the eIDAS7, Qualified electronic signatures are deemed to bear the same legal validity granted to wet-ink signatures. As such, the following can only be signed in either wet ink signature or qualified electronic signature
- Termination of an employment agreement.8
- Corporate documents filed in the Commercial Register.9
- Commercial pledge agreements.10
- Transactions with state and local government entities.11
- Electronic Agreements for electronic transaction.12
- Certified True Copies of Electronic Documents.13
Exemption
The rules do not clearly define the category of transactions excluded from the requirement for electronic signatures. Nevertheless, the rules do provide exceptions14 for documents whose preparation is stipulated by other laws and regulations. Consequently, the following transactions cannot be completed with electronic signatures:
- Transactions in the field of family law and inheritance law
- Wills
- Codicils
- Nuptials
- Trust documents
- Other testamentary trust documents
- Conveyancing matters
- Statutory declarations
- Notarial deeds
Summary scope of limitations
| Permissible transactions | Exempted transactions |
|---|---|
|
|
To ensure the validity of an electronic signature, it is advisable to follow these best practices in addition to complying with all applicable legal requirements:
- Confirm the signer’s identity and, in business dealings, verify that the individual is duly authorized to act on behalf of the company in affixing their signature.
- Secure explicit agreement from the individual signing, which may be incorporated in the contract itself or in a separate accord, to signify their intention to use the specified electronic signature for the document in question.
- Safeguard the document to prevent any modifications after the signature is applied.
- Keep an exhaustive log of the signing procedure, recording each step the signer performs.
How does BoldSign help
The following elements of compliance available within BoldSign can be used to comply with Latvia 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 helps ensure 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 a 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 helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.
- Custom terms: Getting 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, its 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 respect 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.
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Google Integration, 25 free sends, dashboard, Signature font options, App is very responsive / fast, Emails between sender and signer are good, Audit trail is very helpful, No account needed for signer is great, Mobile experience is good for signer.
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Edgewood Solutions
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We’re using BoldSign successfully in our b2b SaaS platform - as it’s embedded to allow seasonal farm workers and their agribusiness employers to e-sign their employment onboarding documents for the first time. It’s part of the total solution saving the workers and HR managers 50% more time compared to their traditional pen/paper manual process.
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Croft
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