The Republic of Albania, while not a member state of the European Union (EU), has established a robust legal framework that closely mirrors former EU standards and is actively moving toward full alignment with the eIDAS Regulation (EU No. 910/2014). The foundation of Albania’s digital signing regime is the principle of non-discrimination: an electronic signature cannot be denied legal effect and admissibility in court solely because it is in electronic form.
The legal force and evidentiary value of an electronic signature in Albania depend strictly on the security level and certification used. Albanian law recognizes the three globally accepted tiers of electronic signatures:
1. Standard Electronic Signature (SES): This basic level involves electronic data linked to a document (e.g., a digitized image, typed name). While admissible as evidence in Albanian courts under the general rules of evidence, it offers the lowest assurance of authenticity, and the burden of proof rests heavily on the party relying on it.
2. Advanced Electronic Signature (AES): This signature type must be uniquely linked to and capable of identifying the signatory, created using means under the signatory’s sole control, and linked to the signed data in a way that allows any subsequent alteration to be detected. While AES carries higher evidentiary weight than SES, it is generally not considered legally equivalent to a handwritten signature on its own under statutory law.
3. Qualified Electronic Signature (QES): The highest security standard. A QES is an AES that is based on a qualified certificate issued by an accredited Albanian Trust Service Provider (TSP) and is created using a secure signature-creation device.
A critical provision within the Albanian legal framework is that only the Qualified Electronic Signature (QES) is granted the statutory legal equivalence to a traditional, wet-ink handwritten signature. For a document to possess this equivalence, the QES must be used by all signatory parties.
Legal Framework for Electronic Signatures
Albania’s legal structure for electronic documents and signatures is designed to foster trust in the digital economy and facilitate integration with the EU internal market. It is regulated by a combination of foundational laws:
A. Core Legislation
I. Law No. 9880, dated 25.02.2008, “On Electronic Signature”: This is the primary law, which initially transposed the provisions of the former EU Directive 1999/93/EC. It defines the types of electronic signatures and establishes the legal validity of QES.
II. Law No. 10273, dated 29.4.2010, “On Electronic Document”: This law regulates the use, production, transmission, receipt, and storage of electronic documents, setting the criteria for their legal validity and authenticity.
III. Law No. 107, dated 1.10.2015, “On Electronic Identification and Trusted Services”: This legislation, along with subsequent amendments, governs the provision of trust services (like certificate issuance) and aims to bring the national standards closer to the eIDAS Regulation.
IV. The Civil Code: Confirms the general validity of contracts concluded electronically, provided they meet authentication and integrity standards prescribed by the specialized e-signature laws.
B. Legal Effect and Equivalence Principles
Albanian law clearly distinguishes the legal effect of the signature tiers, focusing on the quality and certification of the signature for statutory equivalence.
1. Non-discrimination Principle (Universal Admissibility):
Electronic Signature (SES, AES, QES) denies legal effect solely due to electronic form
2. Equivalence Principle (Statutory Weight):
Qualified Electronic Signature (QES) Equivalent legal effect of a handwritten signature
The law specifies that a document signed with a QES by all parties has the same legal validity and evidentiary value as a simple written document signed with a wet-ink signature.
3. Lower Tiers (Evidentiary Burden):
If an SES or AES is used, the document is admissible as evidence, but the party relying on it bears the full burden of proving its authenticity, integrity, and the signatory’s intent and identity. Unlike the Bulgarian framework, Albanian law places a high bar for equivalence, requiring a QES for presumptive equivalence in written form requirements.
Documents That Can Be Signed Electronically
Most commercial and administrative contracts and documents that require a simple written form can be legally executed using a Qualified Electronic Signature (QES) in Albania.
A. Commercial and Corporate Documents
For standard business-to-business (B2B) and business-to-consumer (B2C) transactions, especially those that do not involve statutory notarial requirements, electronic signing is standard practice:
- i. General Commercial Agreements: Sales, supply, service, and consulting contracts.
- ii. Corporate Governance: Internal resolutions, general meeting minutes, and internal correspondences, provided they do not require public notarization for registration purposes.
- iii. Intellectual Property: Non-exclusive licensing agreements.
- iv. Banking and Finance: Loan applications, account opening forms, and certain financial agreements, with increased adoption driven by QES integration in the private sector.
- v. Registration Filings: Documents submitted to the National Business Center (NBC) and other registries for corporate changes increasingly require the use of a QES from the legal representative to ensure verifiable identity and authority.
B. Human Resources and Employment
Most documents governing the relationship between employer and employee can be signed electronically, provided the QES standard is met to satisfy the written form requirements of the Labour Code.
- i. Employment Contracts and Modifications: Can be executed using a QES, ensuring legal validity and compliance with written form mandates.
- ii. Internal Regulations and Notices: Acknowledgement of internal policies, non-disclosure agreements, and disciplinary notices.
- iii. Tax and Social Security Filings: Submissions to relevant state agencies (like tax authorities or social security) typically require a QES to confirm the identity and authority of the submitting entity.
C. Public Administration (e-Governance)
The e-Albania platform facilitates extensive use of electronic services. For interaction with central and local government bodies, including submitting applications, official documents, and declarations, a QES is generally mandated by the Electronic Government Act and associated regulations to guarantee the identity of the applicant. This high-assurance standard is essential for preventing fraud in public services.
Documents That Cannot Be Signed Electronically
Consistent with the Civil Law tradition, Albanian law maintains strict exclusions where statutory formalities require physical presence, a wet-ink signature, or the intervention of a public official. For these document categories, an electronic signature, even a QES, is insufficient for legal validity.
Documents that cannot be signed solely using an electronic signature include:
A. Real Property and Immovable Assets: All contracts concerning the transfer of ownership, creation of real rights (such as mortgages or easements), or the establishment of security over immovable property (land, buildings). These acts fall under the requirement of a notarial deed or public legalization, which necessitates physical presence and wet-ink signatures before a notary public.
B. Testamentary and Inheritance Matters: Wills (testaments), codicils, and documents related to inheritance or the death of a person. These require specific formalities, often including handwritten text and witness requirements, to confirm the testator’s intent and prevent legal challenge.
C. Family Law Matters: Legal actions in the area of family law (e.g., marriage certificates, adoption, complex divorce agreements) that are subject to special legal requirements.
D. Contracts of Suretyship and Personal Guarantees: Certain deeds relating to personal or real securities, and bails, are often excluded to ensure the guarantor fully understands and physically commits to the obligation.
E. Court Authorizations: Any legal actions or documents that require specific confirmation or authorization by a court.
In essence, whenever Albanian law explicitly requires the “notarial form” or “public legalization,” electronic signatures cannot replace the physical act of signing before a public authority.
Notable Changes in the Legal Landscape
Albania’s journey toward EU integration is the primary driver of digital legal reform, focusing on enhanced security and cross-border recognition.
A. Alignment with eIDAS and New Draft Law (Future Focused)
The most significant ongoing change is the effort to achieve full technical and legal alignment with the EU’s eIDAS Regulation. The Law on Electronic Identification, Trust Services, and Digital Wallet (Draft Law), currently undergoing public consultation, represents a major step toward modernizing the framework.
- I. Goal: To fully standardize electronic identification, trust services, and digital signatures in line with EU standards.
- II. Impact: If adopted, this law is expected to standardize Advanced Electronic Signatures (AES), potentially elevating their legal standing in certain contexts, and facilitate the creation of a Digital Wallet for Albanian citizens, streamlining online services.
- III. Oversight: The National Authority for Electronic Certification and Cyber Security (AKCESK) continues to serve as the supervisory body for TSPs, ensuring compliance with national and international security standards.
B. Increased Adoption in the Private Financial Sector
The private sector, particularly financial institutions, has accelerated the adoption of QES for customer-facing services. Partnerships between Albanian banks/financial companies and accredited Qualified Trust Service Providers (QTSPs) (often from EU member states like Bulgaria via mutual recognition agreements) have enabled fully digital processes, such as:
- I. Remote Loan Origination: Allowing customers to sign loan contracts securely from their phones or computers without requiring a physical visit to a branch.
- II. Digital Account Management: Streamlining the opening and management of accounts using secure digital identity and QES.
This commercial application is driving public trust and judicial acceptance of QES as the default high-assurance method for transactional agreements.
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 and Key Regulatory Sources
The analysis of electronic signature legality in the Republic of Albania is primarily drawn from the following legislative instruments:
- Law No. 9880, dated 25.02.2008, “On Electronic Signature” (as amended).
- Law No. 10273, dated 29.4.2010, “On Electronic Document” (as amended).
- Law No. 107, dated 1.10.2015, “On Electronic Identification and Trusted Services” (as amended).
- Law No. 43/2023 “On Electronic Governance” (as amended).
