Legality of eSignatures in Moldova
Background
Electronic signatures are rapidly transforming the document authentication landscape in Moldova and globally by introducing efficient and environmentally conscious methods that are building momentum. The shift from paper to digital signatures accelerates the completion of various dealings.
For successful adoption in Moldova, selecting an electronic signature tool that aligns with the nation’s legal stipulations, specifically the Electronic Identification and Trust Services, is crucial1. This is to ascertain the legal validity of electronic signatures’ compared to their handwritten counterparts in Moldova. Despite the progressive acceptance, it’s essential to recognize that some documents may still need a physical signature, and seeking legal consultation is advisable to navigate variable regional laws2.
The importance of security surrounding electronic signature platforms cannot be understated. Services must integrate robust protection features such as data encryption, verification of signer identities, and provision of audit trails to deter unauthorized access and guarantee document authenticity. For instance, BoldSign offers these imperative security features and complies with legal and security protocols.
Moldovan enterprises must emphasize legal conformity, elevate security measures, and choose user-friendly platforms for integrating electronic signatures into their business frameworks. This approach boosts productivity and ensures the protection of their business exchanges.
Overview of the regulation of electronic signatures in Moldova
Despite not being a member of the European Community, Moldova has established strong connections with the European Common Market. As a result of these connections, Moldova has incorporated Regulation No. 910/20143 and the Electronic Commerce Directive4 in its national framework, which pertains to electronic transactions and identification systems.
Operations entailing the use of electronic signatures within Moldova are regulated by the:
- Electronic Identification and Trust Services Law5
- E-Commerce Law6
As a rule, the regulation deems electronic signatures legal for completing transactions. The regulation grants all individuals the freedom to electronically execute their contracts upon agreement by the contracting parties. However, such electronic signatures and contracts shall not be denied legal validity merely because they were completed electronically7.
The evidentiary value of electronic signatures while in use, including in judicial proceedings, cannot be waived off solely because it:
- Is presented in electronic form.
- Does not rely on a certificate issued by a trusted service provider.
- Is not based on a qualified public key certificate.
- Is not created by an electronic signature creating device.
eSignatures under the regulation are categorized into8:
- Simple electronic signature
- Advanced electronic signature
- Qualified electronic signature
A standard electronic signature is any electronic data connected to, integrated within, or logically linked with other electronic data, and it functions to verify the identity of the supposed sender.
An advanced electronic signature is an electronic signature meeting the following set of requirements9:
- Uniquely linked to the signatory.
- Capable of identifying the signatory.
- Created using means that the signatory can maintain their control.
- Linked to the data it relates to so that any subsequent change to the data 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 with 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, personal identification number (PIN), email address, 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 electronic signature is an advanced electronic signature generated by a certified device for creating electronic signatures. It relies on an accredited certificate specific to electronic signatures.
- Statutory compliant certificate at the time of signing.
- A qualified trust service provider issued a certificate that was valid 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 supplied to the relying party.
- The use of any pseudonym is expressly indicated to the relying party where used at the time of signing.
- The electronic signature is created by a qualified electronic signature creation device.
- The integrity of the data message has not been compromised.
- Meets the validity standards of an advanced eSignature.
Qualified electronic signatures are deemed to bear the same legal validity granted to wet-ink signatures. The signature additionally benefits from the presumption that the integrity and correctness of the data message are maintained from the point of fixation11.
Summary
| Types of eSignatures | Unique features |
|---|---|
| Simple electronic signature |
|
| Advanced electronic signature |
|
| Qualified electronic signature |
|
The scope and limitations of eSignature transactions
Documents such as notaries, testamentary documents, and conveyances may not be completed in electronic form. Additionally, there are specific types of transactions and uses for which electronic signatures are suitable, and others for which they are not. Below is an analysis of this matter, accompanied by a summarized table of the transactions.
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
- Procurement
- Software license agreements
- Insurance industry
- Educational field, etc.
Exempted transactions
Even though Electronic Commerce and the Electronic Identification and Trust service lack an expressed provision on exclusion, the E-commerce law transposed the E.U. Directive on Electronic Commerce that provides exclusions. In limiting the scope of electronic signature, the Directive stops the following set of transactions from being completed by electronic means12:
- Field of taxation.
- Activities of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority.
- Transactions relating to agreements or practices governed by cartel law.
- Gambling activities involve wagering a stake with monetary value in games of chance, including lottery and betting transactions.
- The representation of a client and defense of their interests before the courts.
Summary of the scope and limitations of eSignature transactions
| Permissible transactions | Exempted transactions |
|---|---|
|
|
To ensure the authenticity of an electronic signature, it’s advisable to follow these best practices in addition to complying with all applicable legal requirements:
- Confirm the signer’s identity and, in situations involving 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 Moldovan 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 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, 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 of any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.
Syncfusion nor its 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 Law No. 124 of 2022 on Electronic Identification and Trust Services
2 Anna Nordén, ‘Electronic signatures in a legal context,’ in Cecilia Magnusson Sjöberg, editor, I.T. Law for I.T. Professionals – an introduction (Studentlitteratur AB; 2005) pp. 152-154; Ubena John, ‘E-documents & eSignatures in Tanzania: Their Role, Status, and the Future,’ p 104; Stephen Mason, ‘The practical issues in using electronic signatures in different jurisdictions,’ Computer and Telecommunications Law Review, 2021, Volume 27, Issue 6, pp. 165-179
3 Regulation (E.U.) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/E.C.
4 Directive 2000/31/E.C. of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce)
5 Law No. 124 of 2022 on Electronic Identification and Trust Services
6 Law No. 284 of 2004 on Electronic Commerce (as amended up to Law no. 185 of 21.09.2017)
7 Ibid (N.1) Art. 21 (2 & 3) Art. 19, as read with Ibid (N.4) Art. 24
8 Ibid (N.1) Art. 21 (2 & 3) Art. 2
9 Ibid (N.1) Art. 21 (2 & 3) Art. 23
10 Ibid (N.1) Art. 21 (2 & 3) Art. 29
11 Ibid (N.1) Art. 21 (2 & 3)
12 Ibid (N.4) Art 1(5)
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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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Kaleidoscope
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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