The Principality of Andorra has fully embraced the digital transformation of commerce and administration, establishing a robust and clear legal framework that grants electronic signatures the same legal validity as traditional “wet-ink” signatures. This commitment ensures legal certainty for electronic transactions and promotes the use of digital services within the country.
The legality of electronic signatures in Andorra is primarily governed by two foundational pieces of legislation:
1. Law 20/2014, of October 16, Regulating Electronic Contracting and Operators Conducting Their Economic Activity in a Digital Environment (Llei 20/2014):
- This law establishes the foundational principle of equivalence, stating that contracts concluded through electronic communications produce all the legal effects foreseen by the legal system, provided that the essential elements for their validity (consent, object, cause) are present.
- This means an electronic contract cannot be denied legal effect solely because it is in digital format (Article 21.3).
2. Law 35/2014, of November 27, on Electronic Trust Services (Llei 35/2014):
- This is the core legislation defining, regulating, and granting legal effect to electronic signatures and other digital trust services. It establishes the framework for electronic signatures, electronic seals, time stamps, and certification of authenticity.
- Andorra’s framework largely mirrors the spirit and structure of the European Union’s eIDAS Regulation (Regulation (EU) No 910/2014), though Andorra is not an EU member.
Types and Legal Effects of Electronic Signatures
Law 35/2014 recognizes a tiered system of electronic signatures, similar to the EU model, where the legal effect is tied to the level of security and identity verification employed:
| Type of Signature | Definition (Based on eIDAS-like principles) | Legal Effect in Andorra |
| Simple Electronic Signature (SES) | Data in electronic form attached to or logically associated with other electronic data, used by the signatory to sign. (e.g., typing a name, a scanned image of a signature, or a “click-to-sign” button). | Admissible as evidence in legal proceedings. Cannot be denied legal effect solely because it is in electronic form. The evidential weight is assessed by a judge on a case-by-case basis. |
| Advanced Electronic Signature (AES) | An electronic signature that meets enhanced requirements: it is uniquely linked to the signatory, capable of identifying the signatory, created using data under the signatory’s sole control, and linked to the data in such a way that any subsequent change is detectable. | Admissible as evidence. Offers greater reliability and probative value than a Simple Electronic Signature. |
| Qualified Electronic Signature (QES) | An Advanced Electronic Signature that is created by a qualified signature creation device and is based on a qualified certificate issued by a qualified Trust Service Provider (TSP) supervised by the Andorran authorities, such as the Oficina de Serveis de Confiança Electrònica (OSCEPA). | The QES has the equivalent legal effect of a handwritten signature. This is the highest level of legal presumption and is legally required where a document explicitly mandates a handwritten signature. |
Documents That Can Be Signed Electronically
The general principle in Andorran law is one of technology neutrality and broad acceptance. Most commercial, civil, and administrative documents can be signed electronically, particularly using an Advanced or Qualified Electronic Signature (QES).
Electronic signatures are valid and widely used for:
1. Commercial and Corporate Agreements:
- Non-Disclosure Agreements (NDAs).
- Sales contracts, purchase orders, and commercial invoices.
- Service agreements and general business contracts.
2. Human Resources Documents:
- Employment contracts (unless specifically excluded by labor law, which typically requires the highest standard).
- HR policy acknowledgments and internal communication.
3. Real Estate (General):
- Lease agreements and rental contracts (though the transfer of property title is generally excluded, see below).
4. Administrative and Public Sector Documents:
- The Andorran Government actively promotes and uses electronic certificates for communication and procedures with the public administration (known as e-tràmits), including tax transactions and company registrations.
5. Financial Transactions:
- Many documents related to banking and financial services, provided they do not fall under the strict exclusions (e.g., certain notarial deeds).
In any instance where the law requires a document to be in writing, this requirement is fulfilled by an electronic document that is guaranteed in terms of its integrity and authenticity, typically through an Advanced or Qualified Electronic Signature. If a specific law mandates a handwritten signature, only a Qualified Electronic Signature (QES) will meet this requirement and grant the document full evidentiary value before Andorran courts.
Documents That Cannot Be Signed Electronically (Exclusions)
While the use of electronic signatures is extensive, some specific legal transactions and documents remain legally reserved for traditional physical or notarized processes. These exceptions are generally established to protect the interests of parties in high-value or highly-regulated situations and require the involvement of a public notary.
Based on similar legislative models and common legal reservations across European two-tiered jurisdictions, documents that typically cannot be signed electronically (or require a process that goes beyond a simple electronic signature, such as notarization) include:
| Exclusion Category | Examples of Documents (Common in Jurisdictions with similar laws) | Requirement |
| Notarial Deeds | Documents requiring a public deed, typically for public record and absolute legal certainty. | Must be executed before a Notary Public. |
| Real Property Title Transfers | Deeds for the sale, transfer, or encumbrance of real property (land and buildings). | Requires a physical signature and solemn notarial act. |
| Family Law and Successions | Documents related to high-risk personal rights. | Requires physical signature/solemn legal act. |
| Specific Corporate Acts | Certain acts requiring registration in public registries, such as the formal establishment of a company, capital increases, or amendments to statutes that require public notarization. | Requires physical signature and notarization. |
Notable Changes and Digital Evolution in Andorran Law
Andorra has actively modified its legal framework to keep pace with technological advancements, demonstrating a clear legislative commitment to the digital economy.
1. Law 9/2021: Amendment to Law 35/2014 (The “Crypto Law”)
One of the most significant and recent changes came with Law 9/2021, of April 29, which specifically amends Law 35/2014 on Electronic Trust Services. This amendment was a direct result of the government’s “Horitzó 23” legislative package aimed at fostering the digital economy and is notable for two key areas:
A. Recognition of DLT/Blockchain Technology: The amendment incorporated explicit definitions and provisions related to Blockchain and Distributed Ledger Technologies (DLT). This modification established a critical legal foundation for technologies used to generate digital assets and record transactions, effectively granting certain digital assets (cryptocurrencies, tokens) legal value and making them reliable and usable within Andorra.
B. Legal Effects of Electronic Identification: The law reinforced the legal effects of electronic identification and authentication for both natural persons (individuals) and legal persons (companies), ensuring that electronic authentication has the same effect as using corresponding official documents. This streamlines the process of legal representation and identity verification in the digital sphere.
2. Digitization of the Administration of Justice
In a major step toward full electronic adoption across all sectors, Law 7/2022, of March 31, on electronic access to the Administration of Justice, was approved. This law aims to:
A. Establish a new system for communication, notification, consultation, and archiving of procedural documents, moving towards a fully digital judicial file.
B. The implementation of this law ensures that electronic documents and signatures are fully integrated and recognized within the Andorran judicial system, further solidifying the admissibility and evidentiary weight of e-signatures in court.
3. Alignment with International Standards
While not an EU member, Andorra’s legal system aligns closely with the principles of the EU’s eIDAS Regulation, especially concerning the technical requirements for Qualified Electronic Signatures. This alignment ensures that Andorran e-signatures are interoperable and gain strong mutual recognition, which is essential for cross-border transactions and for maintaining Andorra’s attractiveness as a centre for international business.
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.
Conclusion
The legal status of electronic signatures in Andorra is exceptionally secure and progressive. Rooted in the principle of equivalence established by Law 20/2014 and meticulously regulated by Law 35/2014, the framework ensures that electronic contracts and documents hold full legal validity. The system provides the highest probative value to the Qualified Electronic Signature (QES), making it legally equivalent to a handwritten signature for virtually all purposes unless a formal notarial deed is strictly required.
Recent legislative changes, particularly the amendments in Law 9/2021, highlight Andorra’s dedication to maintaining a modern, secure, and future-proof digital legal infrastructure, positioning the Principality as a forward-thinking jurisdiction for digital business and electronic transactions.
References
- Law 20/2014, of October 16, Regulating Electronic Contracting and Operators Conducting Their Economic Activity in a Digital Environment (Llei 20/2014, del 16 d’octubre, de regulació de la contractació electrònica i dels operadors que desenvolupen la seva activitat econòmica en un entorn digital).
- Law 35/2014, of November 27, on Electronic Trust Services (Llei 35/2014, del 27 de novembre, de serveis de confiança electrònica).
- Law 9/2021, of April 29, Amending Law 35/2014, of November 27, on electronic trust services (Llei 9/2021, del 29 d’abril, de modificació de la Llei 35/2014, del 27 de novembre, de serveis de confiança electrònica).
- Augé Legal & Fiscal. Electronic Contract in Andorra: Is It Legally Valid? (Provides analysis on Law 20/2014 and Law 35/2014).
