Legality of eSignatures in Uzbekistan

Background

The adoption of electronic digital signatures has boosted Uzbekistan’s electronic governance, efficiency, and legal trust in digital transactions. The state-led reforms, business demands, and international standards created the momentum for adopting highly secure, eco-friendly, and efficient digital signatures, thereby streamlining faster and remote finalization of agreements, reducing the use of paper-based bureaucracy, and expediting deal closures. Nevertheless, it is essential to understand the key considerations in implementing electronic digital signatures in Uzbekistan.

Users should opt for an electronic signature solution that complies with the Law of Uzbekistan No. ZRU-793 on electronic digital signatures as amended July 13, 2022. The law recognizes electronic digital signatures as legally equivalent to a handwritten signature in a document on paper¹. However, certain documents may still necessitate a handwritten, paper-based signature, and legal requirements differ by jurisdiction; hence, consulting a legal expert is advisable.

Ensuring robust security of electronic signatures is vital. The chosen signature provider should ensure comprehensive protection, including powerful encryption, detailed audit trails, and proper authentication to preserve the integrity of the documents. Platforms like BoldSign offer these security provisions and comply with established standards.

Additionally, electronic digital signatures are widely accepted due to their significance; it is fundamentally crucial to adhere to legal stipulations and prioritize a secure and user-friendly platform for successful deployment in Uzbekistan.

Forms of electronic signatures

Esignatures or electronic signatures come in various forms, all used to indicate agreement or approval fordigital documents and transactions. Here are some common forms:

• Authorizing actions through application login.
• Signing with a stylus or finger on a digital tablet.
• Entering a name into an email as a signatory.
• Confirming agreement on a web page by clicking after verifying the identity prompt.
• Appending a digitized image of a handwritten signature.
• Voice command.

Overview of electronic signatures regulations in Uzbekistan

In Uzbekistan, electronic signatures that adhere to the regulatory requirements are legally valid for transactions. The operation of Electronic Signature in Uzbekistan is controlled by:

• The Law of Uzbekistan No. ZRU-793 “On the Electronic Digital Signature.”
• Civil Code of the Republic of Uzbekistan
• Family Code of the Republic of Uzbekistan

The Law No. ZRU-793 only recognizes tiered eSignature which are:

• Electronic signature (ES)
• Electronic digital signature (EDS)

An electronic signature (ES) is an array of data in an electronic form, included, attached to, or logically associated with other data, and serves as a method of authentication of these data and identification of a signatory.¹ Examples include a check box, written authorization, name at the end of an email, etc.

An electronic digital signature (EDS) is a signature within an electronic document, generated through specific transformations of the information contained therein by employing the private key of the electronic digital signature and utilizing the corresponding public key to ensure the information in the electronic document is verifiable, unaltered, and able to identify the signatory.³

A private key is a sequence of symbols obtained using EDS tools, known only to the signer and intended to create an EDS in an electronic document.

A public key is a sequence of symbols obtained using EDS’ tools, corresponding to the EDS’ private key, accessible to any user of the information system and intended to verify the authenticity of an EDS in an electronic document.

Requirements of an EDS

An electronic digital signature must meet the following conditions to be legally valid and equivalent to a handwritten signature or certified seal of an entity in a document on paper:⁴

• Possess a valid certificate of EDS key at the time of signing or verification of authenticity.
• Able to identify the signatory and user.
• Uniquely linked to the user.
• Remain in sole control of the user/signers.
• Be connected to the data it relates to so that any subsequent change to the data is detectable.
• A qualified electronic signature creation device creates the electronic signature.

Uniquely linked to the signer

An electronic signature must be securely linked to the individual using it, ensuring that it is created using means exclusively available to the signer, such as a private key and private information to confirm their identity.

Use and incorporation remain in the signer’s sole control

The individual responsible for generating a secure electronic signature should maintain exclusive control over the signature creation tools. In most cases, this involves overseeing a set of cryptographic keys or utilizing two-factor authentication, in which the signer is the sole possessor of the private key, ensuring the signature cannot be duplicated fraudulently.

Ability to identify the signer

The method employed to generate the signature needs to have the ability to authenticate the identity of the individual signing. This could involve the application of a biometric signature, a personal identification number (PIN), an email address, or a company registration number.

Track down any alterations made after signing

Maintaining the integrity of the signed document is crucial. Any alterations to the document after it has been signed need to be detectable. Typically, this is achieved using an audit trail. The audit trail logs the IP address of the signer, time stamps of important signing moments, and the location, ensuring verification of the signer’s identity and the exact timing and location of the signature.

Summary

The Law of Uzbekistan No. ZRU-793 “On the Electronic Digital Signature.”

Foreign recognition of electronic signatures in Uzbekistan

Certificates of keys of electronic digital signatures of foreign states are recognized on the territory of the Republic of Uzbekistan in the manner established by the international treaties of the Republic of Uzbekistan, or by confirmation of authenticity by the Trusted Third Party Service.⁵

Scope and limitations of eSignature transactions

The use of electronic signatures is not recognized as legally binding 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:⁶

• Software license agreements
• Legal opinions
• Offer letters
• Memoranda and internal correspondences
• Non-disclosure agreements
• Purchase orders
• Human resource
• Procurement
• Employee onboarding, etc.

Exempted transactions

By restricting the use of eSignatures, the law on electronic signatures excludes certain transactions from being signed electronically. These exceptions are:⁷

• Wills and Notarial Acts
• Negotiable contracts
• Power of attorney
• Adoption documents
• Marriage, fivorce, birth, and death certificates must be issued and signed in paper form⁸
• Apostille and Consular Legalization i.e., diplomas.
• Court documents.

To ensure the authenticity of an electronic signature, 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.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Uzbekistan’s 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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