Can I sign all over Europe with Viafirma’s digital tools? You are not the only one who has asked this question. The electronic signature has radically transformed the way we sign documents and request services online, but its regulation is still a big challenge for companies, institutions and agents involved. While it is true that the eIDAS Regulation offers robust support, there are a variety of countries with fragmented jurisdictions that make it necessary to study this section in detail.
Today we tell you more about how electronic signatures are legally managed in non-EU countries, as well as the technical and legal challenges facing the continent. Read on!
eSignatures in Europe: Beyond the eIDAS Regulation
Electronic signatures have transformed the way we do business in the digital environment. With it, we can sign remotely with complete peace of mind, thanks to the security mechanisms that are built into it. It eliminates the need to print, scan and sign documents physically, avoiding travel and saving economic resources for professionals in all sectors. In a society in which every minute counts, the electronic signature is an indispensable tool.
And the legal guarantee is assured. As you may know, the eIDAS Regulation (EU Regulation No. 910/2014) establishes a common legal framework for digital identity and electronic signature, applicable in all EU member states. But there is a catch: not all countries in Europe are members. Therein lies the crux of the matter. Let’s remember that Europe, as a continent, is politically divided into 50 sovereign states, five states with limited recognition and six dependent territories. Of these, only 27 are part of the EU. Therefore, there remains ample scope for action beyond the well-known regulation.
Legal landscape of European countries outside the EU
So what do I have to do if I want to sign documents in countries that are not covered by the eIDAS Regulation? Actually, as a power of attorney, you can, since there are local agreements that equalize the signing legislation between countries. However, you should know that, outside the European Union, each country follows its own rules: some apply eIDAS-compliant regulations, others have their own, and others have loosely defined frameworks.
Countries with specific regulations
This is the case of the United Kingdom and Switzerland.
United Kingdom
After leaving the European Union on January 31, 2020, the United Kingdom ceased to be covered by the eIDAS Regulation. It is mainly governed by the Electronic Communications Act (ECA 2000). It regulates and recognizes electronic signatures as a valid means of authenticating documents and agreements. However, it can also accept qualified electronic signatures issued by eIDAS-compliant European providers (with exceptions).
Switzerland
For its part, Switzerland has implemented a robust legal framework for electronic signatures through ZertES, its specific legislation. Through it, it guarantees the equivalence of electronic signatures with handwritten signatures (with certain exceptions).
In addition, it has established equivalence agreements with the EU for certain qualified electronic signatures (in Switzerland, these are compulsorily used in certain legal documents, such as contracts or notarial acts). This enables interoperability between the two jurisdictions, although it is the responsibility of the companies to ensure that the agreement complies with the regulations of both parties.
Non-EU countries with less well-defined legal frameworks
At the continental level, there are certain non-EU countries where the regulation of electronic signatures is not fully aligned with international standards such as eIDAS. Many of them do have laws that recognize electronic signatures, but they do not clearly reflect their application in different contexts and, for that reason, are not interoperable with the standards used in member countries.
We can take the following as examples:
- Albania and Moldova. Although they have introduced regulations on the subject, their legal framework does not always address key aspects such as the accreditation of trusted service providers or whether they can integrate with foreign platforms.
- Bosnia and Herzegovina. Although the Law on Electronic Signature (2006) was introduced at the state level in 2006, there are discrepancies between their internal entities (the Federation of Bosnia and Herzegovina and Republika Srpska), which complicates the implementation of a coherent framework.
Is there a need for a common framework on electronic signatures in Europe?
After learning about the differences in the legal framework in different non-EU countries, a question arises: is there a need for a common framework outside the EU? Although the eIDAS Regulation has been a fundamental piece in the legal framework for electronic signatures, it does not address all the legal diversity in European countries outside its scope.
So far, companies in these circumstances must rely on bilateral agreements; but there is no universal solution. International challenges such as the legal recognition of electronic signatures as legally valid in different countries, legal evidences in case of disputes or territories with poorly defined frameworks can lead to a climate of uncertainty and inconsistency.
In this context, a legal framework that expands its boundaries and includes non-EU countries could facilitate international transactions, foster cooperation and trust among members and reduce bureaucracy.
First of all, find out about the relevant legislation
Now you know, not all countries located in Europe follow the same rules. What should companies that want to establish business ties with one of these non-EU countries do? Find out about their legal legislation.
However, if you want to know the legal framework under which the electronic signature operates in the countries that are members of the European Union, we can help you. at viafirma we have worked with organizations from 15 countries., many of which belong to this community. For this reason, we have elaborated a guide in which we add the legal framework on electronic signature of each country in which we work.
If you are looking to make transactions and strengthen ties with European organizations (or almost anywhere in the world), do not hesitate: Bet on the reliability, security and experience that Viafirma offers you. Our products are legally and technically prepared to lead this kind of advances.