Legality of eSignatures in San Marino

Background

The use of electronic signatures in transaction completion as an eco-friendly alternative to wet-ink signatures has been widely accepted worldwide, and San Marino hasn’t been left behind.

Those in San Marino must comprehend the critical factors involved in implementing electronic signatures. Selecting a service that adheres to local laws, especially the Electronic Commerce Act, is essential to ensure that electronic signatures carry the same legal weight as manual signatures within the nation. While electronic signatures are generally accepted, it is important to note that some documents may still need a physical signature, and consulting legal experts is advisable due to possible differences in local laws.

The security of electronic signature platforms is a paramount consideration. Services need to implement protective security measures such as encryption, identity checks, and comprehensive audit logs to block unauthorized access and validate the authenticity of signed documents. For instance, BoldSign offers these vital security guarantees, meeting legal and safety requirements.

For businesses in San Marino to effectively incorporate electronic signatures into their workflows, focusing on legal compliance, emphasizing security, and selecting user-friendly services are essential. This approach will enable a smooth transition to electronic signatures, enhancing operational efficiency and protecting transactions.

Overview of regulatory framework

Generally, the act deems the electronic completion and signing of documents valid, provided they are done within the ambit of the law. The use is guided by:

Law on the use of electronic communications and e-commerce¹

Furthermore, the legislation confers autonomy to parties involved in electronic transactions to select their preferred technology platform. It also broadly prohibits dismissing the legal validity of an electronic signature or electronic seal, as well as the electronic document to which they are attached, based solely on the grounds that they were generated using an electronic signature or seal creation device and/or associated product².

An electronic signature is any data in electronic form, affixed to or logically associated with, a data message, which may be used to identify the signatory in relation to the data message and to indicate the signatory’s intention regarding the information contained in the data message³.

An eSignature is considered to be a reliable electronic signature where it is:

Uniquely linked to the signer
Capable of identifying the signatories
Created using means that the signer can keep their sole control
Linked to the data it relates to, so that any subsequent change to the data is detectable

Summary analysis

(Law on the use of electronic communications and e-commerce)

Types of eSignature	Common feature	Unique features
Standard electronic signature	Data in electronic form is attached to another data in electronic form.	N/A
Reliable electronic signature		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

The scope and limitations of eSignature transactions

The use of electronic signature is not legally recognized for all document types. Some transactions are appropriate for eSignatures, while others are not. Below is a brief analysis and a summary table of these 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:

Legal opinions
Offer letters
Public petitions
Memoranda & internal correspondences
Non-disclosure Agreements
Purchase orders
H.R.
Procurement
Employee onboarding
End–user agreements, etc.

Exemptions

The act limiting the scope of use of electronic signatures exempts transactions from the following regulations⁴:

Transactions on a regulated exchange
Foreign exchange transactions
Inter-bank payment systems
Interbank payment agreements or clearance and settlement systems relating to securities or other financial assets or instruments
The transfer of security rights in the sale, loan, or holding of an agreement to repurchase securities or other financial assets or instruments held with an intermediary
Bills of exchange
Promissory notes
Consignment notes
Bills of lading
Warehouse receipts or any transferable document or instrument entitle the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money
Communications relating to contracts affecting real estate
Family law transactions

Summary scope

Permissible transactions

Exempted transactions

Legal opinions
Offer letters
Public petitions
Memoranda & internal correspondences
Non-disclosure agreements
Purchase orders
H.R.
Procurement
Employee onboarding
End-user agreements, etc.

Transactions on a regulated exchange
Foreign exchange transactions
Inter-bank payment systems
Interbank payment agreements or clearance and settlement systems relating to securities or other financial assets or instruments
The transfer of security rights in the sale, loan, or holding of an agreement to repurchase securities or other financial assets or instruments held with an intermediary
Bills of exchange
Promissory notes
Consignment notes
Bills of lading
Warehouse receipts or any transferable document or instrument entitle the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money
Communications relating to contracts affecting real estate
Family law transactions

To ensure the authenticity of an electronic signature, it’s advisable to follow these best practices in addition to complying with all the 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 application of the signature.
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 San Marino 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, along with timestamps for all significant events in the signing process, is recorded in an audit trail. This provides a record of who signed the document when they signed it, and from where they signed it.
Digital signature: The final signed 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 are also informed that they have the option to opt out. This helps ensure that the signer is aware of the implications of signing electronically and that they have given their consent to do so.
Custom terms: There is an option to get your signers to agree to a custom set of terms. This can be useful for adding additional security or ensuring that the signer understands the terms of the document.

Disclaimer: 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 own 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 entitled to indemnification, express or implied, contractual or statutory, equitable or otherwise, under this agreement.

¹Law No. 58 of 29 May 2013 on the use of Electronic Communications and E-commerce – https://admin.abc.sm/cms/media/www.anis.sm/law%2058-2013%20e-commerce.pdf
² Ibid Art 6
³ Ibid Art 3
⁴ Ibid. Art. 2

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Croft

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