The Republic of Georgia has made significant strides in adopting and institutionalizing electronic signatures, firmly establishing itself on the path of digital governance and commerce. Its legal framework is modern and aligns closely with European standards, promoting a high degree of trust in digital transactions. The cornerstone of its system is the equivalence of a high-assurance electronic signature with a traditional handwritten one.
Overview and Legal Framework
The legality of electronic signatures in Georgia is primarily governed by the Law of Georgia on Electronic Document and Electronic Trust Services (adopted in May 2017, replacing an earlier 2008 law). This legislation is crucial as it harmonizes Georgian law with the principles of the European Union’s eIDAS Regulation (EU No 910/2014), though Georgia is not an EU member state.
Key Principles
1. Non-Discrimination: An electronic document or signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely because it is in an electronic form.
2. Equivalence of Forms: The law establishes a tiered system for electronic signatures that dictates their legal force:
- i. Electronic Signature: Any data in electronic form that is attached to or logically associated with other electronic data and is used by the signatory to sign. This has legal admissibility but not the automatic equivalence of a handwritten signature.
- ii. Qualified Electronic Signature (QES): This is the gold standard. It is legally equivalent to a handwritten signature. It meets stringent security requirements, including being based on a qualified certificate issued by a Qualified Trust Service Provider (QTSP) and created using a secure device.
Trust Services and Authentication
The framework for QES is enforced through state mechanisms. The Public Service Development Agency (PSDA) is a key entity in this process, issuing digital identity cards (which hold the qualified certificate) and certifying qualified electronic signatures.
1. For Georgian citizens and residents, the national ID card (and its associated PIN) is the primary means for creating a QES.
2. Businesses and government agencies are increasingly required to use QES and Qualified Electronic Stamps for official electronic communication, a mandatory shift that began in 2019 for administrative dealings.
Documents That Can Be Signed Electronically
In Georgia, the Qualified Electronic Signature (QES) satisfies the legal requirement for a document to be in “written form.” Therefore, the vast majority of commercial, administrative, and civil agreements can be legally signed using a QES.
Commercial and Corporate Documents
a. Standard Contracts: Commercial contracts, service agreements, purchase orders, Non-Disclosure Agreements (NDAs), and lease agreements.
b. Tax and Administrative Filings: Submitting tax declarations and reports to the Revenue Service (RS.ge) and other government agencies is highly digitized and often mandates the use of a QES/QES Stamp.
c. Corporate Governance: Many company resolutions, minutes of meetings, and internal labor documentation.
d. Banking and Finance: Loan agreements, account opening documents, and transaction confirmations.
e. Electronic Penalty Agreements: Agreements on contractual penalties must be in written form, a requirement that a QES satisfies.
Real Estate and Property (Non-Transfer)
While the final act of property transfer remains an exception (see below), electronic signatures are used for many preliminary real property documents, such as:
a. Lease Agreements (where the lease term does not require notarial certification).
b. Preliminary Sales Agreements that do not constitute the final deed of transfer.
Documents That Cannot Be Signed Electronically
Despite Georgia’s highly digital environment, there remains a small category of sensitive documents and legal acts that require a higher level of solemnity, typically necessitating notarial certification or a specific formal act that cannot be fulfilled remotely with a QES alone.
Documents generally requiring a Notarized/Formal Deed or Wet Signature:
1. Transfer of Immovable Property:
- –Final Deeds of Sale or Transfer of Real Estate (Land and Buildings): These require notarization to be valid and registered in the Public Registry.
- –Establishment of Mortgages and other Real Rights on immovable property.
2. Testamentary Documents and Inheritance:
- –Wills (Testaments): The law generally requires either a handwritten will with specific witness requirements or a formally notarized will.
3. Matrimonial/Family Law Agreements:
- –Marriage Contracts (prenuptial agreements) and certain adoption documents, which typically require a formally certified notarial deed.
4. Power of Attorney (Specific Types):
- –A General Power of Attorney or a Power of Attorney specifically granting the authority to transfer or dispose of immovable property must be notarized.
5. Notarial Acts Requiring Witnessing/Certification:
- -Any act where a notary must personally certify the capacity or identity of a signatory in a manner that requires physical presence and formal documentation (e.g., witnessing the signing of certain promissory notes).
Notable Changes in the Laws
The legislative journey of e-signatures in Georgia demonstrates a clear commitment to digital harmonization with the EU and the strengthening of legal trust.
| Year | Legislation/Event | Significance and Change |
| 2008 | Law of Georgia on Electronic Signature and Electronic Document (Superseded) | First foundational law, setting the initial legal ground for digital documents. |
| 2017 | Law of Georgia on Electronic Document and Electronic Trust Services (Current Framework) | Major overhaul and replacement of the 2008 law. This new law fully aligns the Georgian legal system with the EU’s eIDAS Regulation, explicitly defining and granting the legal equivalence of a handwritten signature to the Qualified Electronic Signature (QES). |
| 2018-2019 | Mandatory Use for Administrative Bodies | The legal framework shifted the regulatory oversight of TSPs to the LEPL Data Exchange Agency and introduced strict requirements (technical, financial, and insurance) for both public and private entities to become Qualified Trust Service Providers (QTSPs), further securing the entire digital signature ecosystem. |
| Ongoing (Post-2017) | Regulation of Trust Service Providers (TSPs) | The legal framework shifted the regulatory oversight of TSPs to the LEPL Data Exchange Agency and introduced strict requirements (technical, financial, and insurance) for both public and private entities to become Qualified Trust Service Providers (QTSPs), further securing the entire digital signature ecosystem. |
These changes show an evolution from merely accepting electronic documents to mandating the use of a high-assurance, legally equivalent electronic signature (QES) for both administrative and commercial certainty.
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
1. LEPL Public Service Development Agency (PSDA) and Data Exchange Agency (Official regulatory and operational guidelines).
2. Law of Georgia on Electronic Document and Electronic Trust Services (Official Legislative Text).
3. Civil Code of Georgia (Article 68 on the Form of Transactions).
4. Law of Georgia on Notary (Governing Notarization Requirements).
5. eIDAS Regulation (EU) No 910/2014 (As a point of reference for the harmonized legal principles).
