The Republic of Croatia, as a member state of the European Union (EU), fully adheres to the established digital market framework, making electronic signatures a legally sound and widely recognized method for concluding agreements and certifying documents. The transition toward paperless administration and commerce is not merely a technological shift but is firmly rooted in law.
The central pillar of e-signature legality in Croatia is the direct application of Regulation (EU) No 910/2014, commonly known as the eIDAS Regulation (Electronic Identification and Trust Services for Electronic Transactions in the Internal Market). The eIDAS Regulation standardized the treatment of electronic identities and trust services across all EU member states, ensuring that an electronic signature created and validated in one country is legally recognized in all others.
This framework establishes a clear hierarchy of e-signatures, ensuring legal certainty: not all electronic signatures carry the same weight, but the highest standard, the Qualified Electronic Signature (QES), is explicitly afforded the same legal standing as a traditional handwritten signature in court.
The Legal Framework: eIDAS and National Implementation
The legal basis for electronic signatures in Croatia is a dual system consisting of directly applicable EU regulation and corresponding national legislation necessary for practical implementation and defining specific national exceptions.
1. The Primary Source: The eIDAS Regulation (EU) No 910/2014
The eIDAS Regulation provides the foundational definitions and rules. It operates on the principle of technological neutrality, meaning that the validity of a signature does not depend on the specific technology used, but rather on the security and verification process behind it.
Key Definitions under eIDAS:
1. Simple Electronic Signature (SES): Data in electronic form that is attached to or logically associated with other data in electronic form and that the signatory uses to sign. (Example: A scanned signature image, clicking “I agree” in an email, typing a name at the end of a document.)
Legal Status: While admissible as evidence in legal proceedings, it holds the lowest evidential value and is not presumed valid.
2. Advanced Electronic Signature (AES): An electronic signature that meets stricter criteria. It must be:
- Uniquely linked to the signatory.
- Capable of identifying the signatory.
- Created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control.
- Linked to the data to which it relates in such a way that any subsequent change in the data is detectable.
Legal Status: Admissible in court and has higher evidential value than SES. It is widely used in business-to-business (B2B) transactions.
2. Qualified Electronic Signature (QES): The gold standard. It is an AES that is created by a Qualified Electronic Signature Creation Device (QSCD) and is based on a Qualified Certificate issued by a Qualified Trust Service Provider (QTSP) that is on the EU Trust List.
Legal Status: This is the most critical element of the Croatian framework: a QES shall have the equivalent legal effect of a handwritten signature and shall be admissible as evidence in legal proceedings.
2. National Legislation
Croatia has incorporated the eIDAS requirements into its national legislation, primarily through the Act on Electronic Identification and Trust Services (Zakon o elektroničkoj identifikaciji i uslugama povjerenja, often updated). This act establishes the national supervisory body (usually the Croatian Regulatory Authority for Network Industries, HAKOM) and details the requirements for national QTSPs, ensuring the security and oversight necessary for the QES standard.
The principle established by Croatian law is clear: where a document requires a signature for legal validity, the requirement is met if a Qualified Electronic Signature is used, unless otherwise explicitly stipulated by law.
Documents that Can Be Signed Electronically
In the vast majority of commercial, corporate, administrative, and consumer transactions, a Qualified Electronic Signature (QES) is sufficient to meet the legal requirement for a signature.
The scope of documents eligible for QES signing is extremely broad and includes:
1. Commercial Contracts: Sales contracts, service agreements, non-disclosure agreements (NDAs), cooperation agreements, and general terms and conditions.
2. Administrative and Corporate Documents: Minutes of general assembly meetings (unless the law requires a notary), internal policies, powers of attorney (if not requiring a notarized form), decisions of management boards, and corporate resolutions.
3. Financial and Accounting Documents: Invoices, delivery notes, receipts, and accounting records, often signed for verification and audit trail purposes.
4. Labor and Human Resources (HR): Employment contracts, annexes to contracts, termination notices, work schedules, internal disciplinary documents, and confidentiality agreements.
4. Administrative Filings: Submissions to public registries, tax authority filings, customs documentation, and procurement applications, especially when facilitated through Croatia’s e-Government portals (e.g., e-Građani).
5. Intellectual Property (IP): Licensing agreements and assignments of IP rights.
Crucial Point: The use of QES in these areas ensures not only legal validity but also non-repudiation, the signatory cannot later deny having signed the document, which is a major benefit in litigation.
Exceptions: Matters and Documents That Cannot Be Signed Electronically
The user’s reference to “money that cannot be signed electronically” is interpreted here as legal matters that require specific formal procedures, typically a public instrument or notarized wet signature, which currently override the general equivalence provided by the QES.
These exceptions are not defined by eIDAS itself, but are reserved powers under Article 48 of eIDAS, which permits member states to maintain national laws requiring a physical presence, specific public certification, or a wet signature for certain formal acts related to fundamental legal aspects of a state.
In Croatia, these exceptions generally fall into the following categories:
| Category | Specific Examples | Requirement | Rationale for Exception |
| Real Estate Law | Contracts for the transfer or establishment of ownership rights over immovable property (land, buildings). | Typically requires notarized wet signature and/or certification by a public notary. | To ensure security, transparency, and certainty in the Public Land Registry (Katastar and Zemljišne knjige). |
| Family and Inheritance Law | Wills and testamentary dispositions, prenuptial agreements, and documents related to the formal adoption process. | Strict formal requirements, often including witnesses or specific notarial certification. | To protect vulnerable parties and ensure the clear and undisputed expression of personal will in highly sensitive matters. |
| Company Incorporation | The foundational documents for establishing certain types of companies (e.g., Limited Liability Company – d.o.o.) when not done through official digital portals, and complex changes to the Memorandum of Association. | Often requires a notarial deed (javnobilježnički akt). | To ensure compliance with commercial registry laws and protect the rights of future shareholders/creditors. |
| Negotiable Instruments | Promissory notes (Mjenica) and bills of exchange, which are governed by specialized, historical laws requiring physical form and signature for their distinct legal characteristics (e.g., enforceability). | Wet signature on the physical instrument. | Due to specific statutory requirements for instruments of credit transfer. |
| Other Notarial Deeds | Any contract or declaration where Croatian law explicitly requires the form of a notarial deed (e.g., certain declarations of intent or acknowledgments of debt). | Wet signature before a notary. | The act of physically signing before a notary public provides an essential layer of identification and verification of comprehension. |
In these exceptional areas, the use of a QES alone does not suffice to meet the legal formal requirement, and an act requiring a physical presence or a specific notarial document must be executed traditionally.
Notable Changes and the Impact of eIDAS
The introduction of the eIDAS Regulation in 2014 (and its subsequent implementation in Croatia) represented the single most significant modernization of Croatian law regarding digital trust services.
1. Shift from National to EU Standards
Before eIDAS, Croatia had national laws governing e-signatures, but these often led to uncertainty regarding cross-border recognition. The eIDAS Regulation solved this by creating a single, unified standard (QES) that is recognized throughout the EU’s single market. This fundamentally improved the ease of doing business for Croatian companies dealing with partners in Germany, France, Italy, or any other member state.
2. Remote Identification and QES Issuance
A significant development has been the evolution of the process for obtaining a QES. Modern Croatian Qualified Trust Service Providers (QTSPs) now offer remote identification (Remote ID) processes, often utilizing secure video conferencing and biometric verification. This allows Croatian citizens and residents to obtain a QES without physically visiting a registration authority, streamlining the digital transformation process for businesses and individuals alike.
3. Evidential Value Clarity
The eIDAS Regulation formally clarified the evidential weight of the different signature types, which was sometimes ambiguous under prior national rules. By giving QES the same status as a wet signature, it removes the burden of proof from the user in court proceedings regarding the identity of the signatory and the integrity of the document at the time of signing. For SES and AES, the judge must assess their validity case-by-case, but for QES, validity is presumed.
4. Integration with Public Administration (e-Građani)
The legal framework enabled the robust development of Croatia’s e-Government system, e-Građani (e-Citizens). Many administrative acts, applications, and communications with state bodies are now conducted using e-signatures, often embedded within the national ID card (e-Osobna iskaznica), which can act as a QSCD for QES issuance. This dramatically reduced administrative burden and queuing times for citizens and businesses.
Conclusion
The legality of electronic signatures in Croatia is robust, well-defined, and fully compliant with the highest European standards. The Qualified Electronic Signature (QES), underpinned by the eIDAS Regulation and supported by national law, holds the definitive legal equivalence to a handwritten signature for most commercial and administrative purposes.
While a few critical areas, primarily concerning real estate, inheritance, and certain notarial deeds, still necessitate a traditional wet signature or physical certification due to specific, reserved national formal requirements, the general direction of Croatian law strongly favors the digital over the paper-based. For any business operating within or dealing with Croatian entities, utilizing QES is the legally recommended standard for securing contractual certainty and facilitating seamless cross-border transactions.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
The following legal instruments and frameworks form the primary basis for the legality of electronic signatures in the Republic of Croatia:
- Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
- Zakon o elektroničkoj identifikaciji i uslugama povjerenja (Act on Electronic Identification and Trust Services): The principal Croatian national law implementing and supporting the provisions of the eIDAS Regulation, detailing the role of the national supervisory authority (HAKOM) and qualified trust services.
- Zakon o obveznim odnosima (The Act on Obligations/Contracts): Croatian general contract law, which accepts and recognizes various forms of contracts, including electronic form, provided the legal requirements for consent and form are met.
- Zakon o vlasništvu i drugim stvarnim pravima (The Act on Ownership and Other Real Rights): This law dictates the strict formal requirements, including notarization, for the transfer of real estate, which remains a key exception to e-signature equivalence.
