As a member of the European Union (EU), the legality and enforceability of electronic signatures in Greece are governed primarily by the eIDAS Regulation (Regulation (EU) No 910/2014) and supplemented by specific national legislation, most notably Law 4727/2020 on Digital Governance. This framework creates a robust, tiered system where different types of electronic signatures carry varying levels of legal weight and evidentiary value.
The Greek legal system, rooted in civil law, recognizes that a contract is generally valid and binding if legally competent parties reach an agreement, regardless of whether that agreement is oral, electronic, or in a physical paper document, unless the law expressly requires a specific form (Article 158 of the Civil Code).
Legal Framework: The Tiered eIDAS Model and Greek National Law
The legal validity of an electronic signature in Greece is determined by its classification under the eIDAS Regulation, which establishes three categories:
| Signature Type | Legal Description (eIDAS) | Legal Effect in Greece | Evidentiary Value |
| 1. Simple Electronic Signature (SES) | Basic digital data (e.g., a scanned image, a typed name, a click-to-sign). | Cannot be denied legal effect solely because it is electronic. | Admissible as evidence; the burden of proof for authenticity falls on the relying party. |
| 2. Advanced Electronic Signature (AES) | Uniquely linked to the signer, capable of identifying the signer, and any subsequent change to the signed data is detectable. | Legally valid for many business transactions. | Higher evidentiary weight than SES due to identity and integrity security features. |
| 3. Qualified Electronic Signature (QES) | An AES that is created by a qualified signature creation device (QSCD) and is based on a qualified certificate issued by an EU-accredited Qualified Trust Service Provider (QTSP). | Legal equivalence to a handwritten signature across all EU member states. | Highest legal status; presumed authentic and carries full evidentiary weight in court. |
Key Legislative Instruments
1. eIDAS Regulation (EU) No 910/2014: Directly applicable in Greece since July 2016, providing the foundational definitions and establishing the legal principle that an electronic signature shall not be denied legal effect and admissibility as evidence solely because it is in an electronic form.
2. Law 4727/2020 on Digital Governance: This national law provides the framework for digital governance and electronic communications in Greece. Crucially, it clarifies the application of eIDAS, particularly confirming that the use of a QES is mandatory only where written form is prescribed by statute or agreed upon between the parties.
3. Greek Civil Code (GCC): Articles 158-168 govern contract formalities, which largely allow contracts to be valid without any specific form, supporting the broad acceptance of electronic agreements.
4. Greek Code of Civil Procedure (GCCP): Article 445 allows digital records and electronic signing platforms to serve as valid evidence in court proceedings.
Documents that Can Be Signed Electronically (SES/AES Sufficient)
For the vast majority of commercial and consumer contracts, a Simple Electronic Signature (SES) or an Advanced Electronic Signature (AES) is legally acceptable and sufficient. These agreements do not have a mandatory “written form” requirement under Greek law.
Common documents that can be signed electronically include:
1. HR Documents: Employment contracts (full-time and part-time), Non-Disclosure Agreements (NDAs), employee invention agreements, benefits paperwork, and general onboarding documents.
2. Commercial Agreements: Purchase orders, order acknowledgments, invoices, distribution agreements, service agreements, and commercial leases (excluding long-term leases over nine years).
3. General Corporate Documents: Software license agreements, Intellectual Property (IP) licenses, shareholder resolutions (where notarial form is not required), and internal corporate policies.
4. Banking & Finance: Non-consumer loan agreements, account opening documents (where notarial or specific QES is not mandated by the bank), and general waivers.
Documents that Require QES or Cannot Be Signed Electronically
Certain high-stakes transactions and agreements dealing with public records, real estate, or family law require the highest level of assurance (QES) or must still be concluded via a traditional “wet-ink” handwritten signature and/or before a Notary Public.
Documents Requiring a Qualified Electronic Signature (QES)
Under Law 4727/2020, a QES is legally equivalent to a handwritten signature and must be used when the law specifically prescribes the “written form” for validity, such as:
- i. Public Sector Filings: Documents addressed to or issued by public authorities and courts (e.g., Solemn Declarations, Power of Attorney documents for government use, and electronic true copies of original documents issued by public servants).
- ii. High-Value Transactions (Statutory Written Form): Any private document where a statute explicitly requires a written form to be valid and enforceable, if those documents are to be circulated electronically.
Documents Still Requiring a Wet-Ink Signature/Notarization
The following documents traditionally require a specific form—often a notarial deed or holographic will—that is difficult or impossible to satisfy using an electronic signature, even a QES. These are typically considered exceptions:
1. Real Estate & Immovable Property: Contracts that create, transfer, or modify rights in immovable property, such as:
- i. Real estate purchase/sale contracts.
- ii. Constitution of mortgages.
- iii. Grants/donations of immovable property.
- iv. Lease agreements with a duration of more than nine (9) years.
2. Family & Succession Law:
- i. Wills (which typically require holographic or public form).
- ii. Marriage contracts and civil partnership agreements (which require notarization).
- iii. Voluntary recognition of a child.
3. Corporate Formalities:
- i. Articles of Incorporation for certain types of companies (e.g., Société Anonyme and some Limited Liability Companies) often require a notarial deed.
- ii. Assignment of shares of a company with limited liability (EPE).
4. Contracts of Surety (Guarantees): Where the contract of surety is ancillary to a contract that requires a notarial deed.
Notable Changes in Greek Law and Future Trends
The regulatory landscape in Greece is dynamic, primarily driven by the EU’s push toward a unified digital single market.
Law 4727/2020: The Digital Governance Push
Enacted in 2020, this law significantly boosted the digital ecosystem by clarifying that private electronic documents signed with a QES or a Qualified Electronic Seal must be mandatorily accepted by any public authority, court, or legal person when circulated electronically. This was a critical step in streamlining interactions between the private sector and the State.
The Impact of eIDAS 2.0 and the EUDI Wall
While the core eIDAS principles remain, the subsequent eIDAS 2.0 Regulation (which began implementation in 2024 and is mandated to be fully available by 2026) introduces a major shift:
1. European Digital Identity Wallet (EUDI Wallet): Greece, like all EU members, must provide a national EUDI Wallet. This wallet will allow citizens and businesses to prove their identity and securely sign documents across all EU member states with a single digital identity, significantly streamlining cross-border transactions and Know-Your-Customer (KYC) processes.
2. Expanded Trust Services: eIDAS 2.0 expands the framework to include new qualified services such as certified electronic archiving and electronic attestation of attributes, which will further strengthen the legal validity and long-term evidential value of electronically signed documents.
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. Greek Code of Civil Procedure (GCCP), specifically Article 445 concerning digital records as evidence.
2. 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 and repealing Directive 1999/93/EC (the eIDAS Regulation).
3. Greek Law 4727/2020 (Government Gazette A’ 184/23.09.2020) on Digital Governance, Electronic Communications and other provisions (Digital Governance Law).
4. Greek Civil Code (GCC), specifically Articles 158 and 160 concerning contract formalities.
