Armenia has firmly established a modern legal framework for electronic transactions, providing a sound foundation for the use of electronic signatures in both the public and private sectors. The country’s approach is notably strict, primarily granting full legal equivalency to a specific, highly secure type of electronic signature: the Electronic Digital Signature (EDS). This commitment to robust security, largely driven by the Law of the Republic of Armenia “On Electronic Document and Electronic Digital Signature” (enacted in 2004)“, has successfully promoted the growth of e-commerce and e-government services.
In essence, an electronic document protected by an authenticated EDS holds the same legal weight as a paper document bearing a person’s wet-ink (handwritten) signature, provided there is no compelling evidence of forgery or alteration since its signing and transmission. This legal parity is crucial to the country’s extensive digitalization efforts, which require the use of EDS for an increasing number of official and commercial processes.
Legal Framework
The primary legal acts governing electronic signatures and documents in Armenia are:
1. The Law of the Republic of Armenia “On Electronic Document and Electronic Digital Signature” (EDL): This is the cornerstone of the framework. It defines the basic concepts, regulates the issuance of certificates, and establishes the legal force of electronic documents and electronic digital signatures.
2. The Civil Code of the Republic of Armenia: Provides the general principles of contractual and civil law, which are adapted to the electronic environment by the EDL.
3. Other related legal acts and Government decrees that specify technical requirements, accreditation procedures for Certification Centres, and the implementation rules across various government bodies and sectors.
Key Principles of the EDL:
1. Focus on Electronic Digital Signature (EDS): The EDL specifically recognizes and confers full legal power to the Electronic Digital Signature. The EDS is a unique string of cryptographic data used to identify the signatory, protect the document from forgery, and ensure its integrity. It is created using public key cryptography and is typically stored on a secure medium, such as an ID card chip or a Mobile ID SIM card, and linked to a certificate issued by an Accredited Certification Centre (in Armenia, primarily “Ekeng” CJSC).
2. Equivalency: The law grants an EDS-protected electronic document the same legal force as a document authenticated by a manuscript (handwritten) signature.
3. Certification Centres: The law regulates Certification Centres, which are responsible for issuing electronic signature certificates to individuals and legal entities, and for confirming the authenticity of electronic signatures to relying parties.
4. Exclusion of Simple Electronic Signatures: The EDL generally does not regulate or grant legal equivalence to simple electronic conversions or analogies of a person’s manuscript signature (e.g., a scanned image of a signature, a name typed at the end of an email, or a simple “I Agree” click-wrap). These less secure forms of e-signature may still be admissible as evidence in court, but they do not automatically carry the same presumptive legal weight as a wet-ink or an EDS signature.
Documents That Can Be Signed Electronically
A vast and growing array of documents can be legally signed using an Electronic Digital Signature (EDS) in Armenia, particularly across government services and business operations. Examples include:
A. Commercial Contracts and Agreements: Most B2B (business-to-business), B2C (business-to-consumer), and B2G (business-to-government) contracts.
B. Employment Contracts: Recent legislative changes mandate the transition to a centralized digital system for signing and managing employment contracts using an EDS.
C. Tax and Financial Reporting: Mandatory electronic filing of tax declarations, e-invoicing, and other financial reports to the State Revenue Committee (SRC).
D. Corporate Documents: Applications for state registration of legal entities, amendments to charters, and other filings with the State Register.
E. Licensing and Permits: Applications for licenses and submission of related reports to regulatory bodies.
F. Judicial and Notary Documents: Certain filings within the judicial information system and, with the introduction of an electronic notary system, some notarized acts.
G. Other Government Services: Applications for e-visas, submissions to the Real Property Cadastre, and general requests/complaints to state bodies via unified portals.
Documents That Cannot Be Signed Electronically (Exclusions)
While the EDS provides a high level of security and legal recognition, there remain certain documents or transactions where a wet-ink signature, notarization, or other specific procedures are still required, or for which the EDL explicitly does not apply. Based on general legal practices and the specific exclusions in the EDL and related laws, common exclusions or areas of ambiguity often include:
A. Documents related to the use of electronic versions of a person’s manuscript signature and its copies. The EDL explicitly states it does not regulate relations connected with the use of electronic conversions and analogs of the sign manual of a person.
B. Wills and Codicils: Documents about inheritance and last will often require strict formal requirements, typically including physical notarization or specific witnessing, which generally exclude electronic signing.
C. Creation of Trusts: Similar to wills, the creation of formal trusts often requires adherence to specific non-electronic formalities.
D. Powers of Attorney (General): While some notarized documents are becoming electronic, traditional, and especially general Powers of Attorney for major transactions often still require a specific physical, notarized form.
E. Negotiable Instruments: Instruments like bills of exchange or promissory notes (though less common in daily use) may have specific legal requirements related to physical documents.
F. Specific Legal Acts Requiring Notarization or Attestation: Any transaction that a separate, sector-specific law mandates must be executed in a specific paper-based, notarized, or attested format may still fall outside the electronic scope until those laws are fully amended.
Notable Changes in the Laws
Armenia’s government has been continuously pushing forward its digital agenda, leading to several significant legal changes:
A. Digitalization of Employment Contracts: The most notable recent change is the move toward a mandatory digital system for employment contracts. Amendments to the Labor Code introduce a transition period, with the likely goal of making the use of the EDS compulsory for all new employment contracts and related HR processes (such as termination and amendments) starting in early 2026. This requires all citizens and employees to obtain and use a valid EDS (either via an ID card or Mobile ID).
B. Electronic Notary System: Amendments to the law on notary services and related laws were introduced to launch an electronic notary system. This aims to enable the use of electronic signatures for certain notarial acts, introduce electronic registers for proxy authorizations and wills, and simplify heritage-related procedures, thereby expanding the use of EDS into highly formal legal domains.
C. Mandatory Electronic Filing for Individuals: The expansion of mandatory electronic filing for individual income tax declarations (for all citizens who are tax residents) has underscored the necessity for citizens to possess and actively use their electronic digital signatures.
D. Fee Exemption: To encourage wider adoption, there have been initiatives, such as the proposed exemption of the annual activation fee for the electronic signature, making it more accessible to the general population.
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
- Law of the Republic of Armenia “On Electronic Document and Electronic Digital Signature” (HO-40-N, adopted 2004): The foundational legislation.
- Amendments to the Labor Code of the Republic of Armenia (On Digital System for Employment Contracts): Recent legislative changes mandating digitalization of HR processes.
- Government Decrees and related legal acts specifying the technical and procedural aspects for the implementation of the EDL.
