The legality of electronic signatures in Bosnia and Herzegovina (BiH) is firmly established, with a tiered legal framework that grants the highest form of e-signature the full legal equivalence of a handwritten signature. The country’s legislation is heavily influenced by EU standards (eIDAS) and is actively working towards full harmonization to streamline digital government services.
Overview
Bosnia and Herzegovina recognizes a tiered approach to electronic signatures, consistent with global best practices:
1. Electronic Signature (ES): Basic electronic data that confirms the signatory’s identity. It cannot be denied legal effect and admissibility as evidence solely because it is in electronic form.
2. Advanced Electronic Signature (AES): A signature that is uniquely linked to the signatory, capable of identifying them, created under their sole control, and linked to the data in such a way that any subsequent change is detectable.
3. Qualified Electronic Signature (QES) / Secure Electronic Signature (SES): This is the highest level of signature and is explicitly granted the same legal force as a handwritten signature on a paper document. It must meet all AES requirements and be based on a Qualified Certificate issued by an accredited Certification Authority (CA) and created using a qualified electronic signature creation device.
The Agency for Identification Documents, Registers, and Data Exchange of Bosnia and Herzegovina (IDDEEA) serves as a key Certificate Authority, issuing these qualified certificates to citizens and legal entities, thereby driving the adoption of secure digital transactions.
Legal Framework
The legal landscape in BiH is complex due to the country’s decentralized structure, resulting in a three-tiered system of legislation at the state and entity levels.
1. State-Level Legislation (Applicable across all BiH)
a. Law on Electronic Signatures of Bosnia and Herzegovina (2006): This is the foundational state-level law. It regulates the legal force of e-signatures, the issuance of certificates, and the obligations of Certification Service Providers (CAs). Crucially, it establishes the full legal equivalence of the Qualified/Secure Electronic Signature to a handwritten signature.
b. Law on Electronic Document (2014): This law regulates the formation, use, storage, and preservation of electronic documents, ensuring their validity as evidence in legal and administrative proceedings.
c. Law on Electronic Identification and Trust Services for Electronic Transactions (Draft): BiH is actively working on adopting this new law, which is intended to fully harmonize the state framework with the EU’s eIDAS Regulation (Regulation 910/2014).
2. Entity-Level Legislation (Republika Srpska and Brčko District)
- i. Law on Electronic Signature of Republika Srpska (2008)
- ii. Law on Electronic Signature of Brčko District (2015)
The Federation of Bosnia and Herzegovina (FBiH) relies on the state-level Law on Electronic Signatures. While the entity laws largely mirror the state law, this legislative multiplicity can create administrative and interoperability challenges, which the proposed EU-aligned law aims to resolve.
Documents That Can Be Signed Electronically
In the absence of a specific legal exclusion, the Qualified Electronic Signature (QES) can be used for virtually any document. Its legal equivalence to a handwritten signature means it is appropriate for:
i. General Commercial Contracts: Including purchase agreements, sales agreements, distribution agreements, service agreements, and loan/lease agreements.
ii. Human Resources Documents: Employment contracts, non-disclosure agreements (NDAs), termination notices, and internal company policies.
iii. Intangible Property Agreements: Licensing agreements, software contracts.
iv. Public Administration Submissions: All forms of communication, filings, and official submissions to state, entity, and local government bodies, as well as courts, where electronic filing is permitted.
v. Tax Filings (Mandatory QES): As of 2024/2025, the use of Qualified Electronic Signatures is becoming mandatory for communication and filing with the Tax Administration of the Federation of BiH, modernizing the submission of corporate and annual income tax returns.
Documents That Cannot Be Signed Electronically
The legal framework explicitly prohibits the use of e-signatures for certain categories of documents that require stringent formal requirements, typically involving a notarized or official certification process:
i. Real Estate Transactions: Statements of will or legal acts that require official certification, judicial or notarial authentication, or a notarial deed for entry into the land register or other official register. This includes property sale contracts and mortgages.
ii. Family and Inheritance Law: Legal matters involving family law and inheritance law that require a written form, such as wills, prenuptial agreements, and trusts.
iii. Guarantees: Statements of guarantees issued by persons in their professional capacity, which often require specific notarized forms.
iv. Documents Requiring Notarial Deed: Any declaration of intent or submission where a special law requires a specific notarial deed (notarska obrada) for validity.
Notable Changes in the Laws (2023–2025)
The most significant developments in the 2023-2025 period have been in the regulatory and implementation fields, driven by the need to harmonize with the EU acquis:
1. Mandatory QES for Tax Administration
A key practical implementation has been the move toward mandatory use of Qualified Electronic Signatures (QES) for all electronic business with the Tax Administration of the Federation of BiH. This regulatory change, slated for full implementation in 2025, marks a major step in the digitalization of the public sector.
2. Progress on EU Harmonization (eIDAS)
The legislative body is working to adopt the Draft Law on Electronic Identification and Trust Services for Electronic Transactions. This law is critical as it seeks to replace the fragmented existing laws with a single state-level legal act fully harmonized with the EU’s eIDAS Regulation. Its adoption would solidify the cross-border recognition of BiH’s QES and streamline national digital services.
3. IDDEEA’s Enhanced Capability and Audits
The state-level Certification Authority, IDDEEA, has made significant strides in solidifying its Public Key Infrastructure (PKI). Following a successful recertification in late 2023 and ongoing audits in 2024, IDDEEA confirmed that its issuance of qualified electronic certificates fully meets the security and technical standards required for an eIDAS-compliant trust service provider. This boosts public confidence in the national digital signature solution.
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. Rulebook on Detailed Conditions for the Issuance of Qualified Certificates (Official Gazette of BiH, No. 14/17).
2. Law on Electronic Signatures (Official Gazette of BiH, No. 91/06).
3. Law on Electronic Document (Official Gazette of BiH, No. 58/14).
4. Law on Electronic Signature of Republika Srpska (Official Gazette of RS).
5. Law on Electronic Signature of Brčko District of BiH (Official Gazette of BD).
6. European Commission Staff Working Document, Bosnia and Herzegovina 2024 Report (SWD(2024) 691 final), detailing progress on digital transformation and EU alignment.
