The legality of electronic signatures in Kosovo is established under a modern legal framework that largely mirrors the European Union’s eIDAS Regulation (EU No. 910/2014). This framework ensures the legal admissibility of all electronic signatures and grants the highest level of legal effect to a Qualified Electronic Signature, equating it with a handwritten signature. While the legal basis is strong, full implementation and universal acceptance by all public and private sector entities remain an ongoing challenge.
Overview and Legal Framework
Kosovo has committed to digital transformation, culminating in the adoption of a comprehensive law on electronic transactions. The core principle is that an electronic signature cannot be denied validity or evidentiary weight solely because it is in electronic form. This legal neutrality ensures that electronic documents are, in principle, legally equivalent to their paper counterparts. The law provides a tiered system of electronic signatures, differentiating their evidential value based on the security and verification methods used.
Legal Framework
The primary legislation governing electronic signatures and related trust services in Kosovo is:
1. Law No. 08/L-022 on Electronic Identification and Trust Services in Electronic Transactions (LEITSET) (approved in December 2021, entered into force January 2022). This is the key piece of legislation, setting the framework for electronic identification, authentication, and trust services, including electronic signatures, electronic seals, and timestamps.
2. Regulation (ME) No. 11/2022 on Presentation, Authentication, Transfer, Storage, and Protection of Electronic Documents (entered into force January 2023). This supplementary regulation defines the mandatory elements, formats, and protection mechanisms for electronic documents, ensuring their integrity and authenticity.
3. Other Sub-Legal Acts: The Ministry of Economy has adopted several other regulations defining the standards for qualified trust service providers, conformity assessment, and the registration of qualified signature creation devices, aligning the technical requirements with EU standards.
Tiers of Electronic Signatures
The Kosovo law, following the eIDAS model, recognizes three distinct levels of electronic signatures:
| Signature Type | Description and Requirements | Legal Effect |
| Simple Electronic Signature (SES) | Data in electronic form attached to or logically associated with other electronic data and used by the signatory to sign. | Admissible as evidence in legal proceedings. Can be used for most private, informal contracts. |
| Advanced Electronic Signature (AES) | Must be: uniquely linked to the signatory; capable of identifying the signatory; created using data under the signatory’s sole control; and linked to the signed data to detect any subsequent alteration. | Higher evidential value than SES. Suitable for standard commercial and high-value internal documents. |
| Qualified Electronic Signature (QES) | Equivalent legal effect to a handwritten signature. Required for documents where the law mandates a written form. Recognized across the European Economic Area (EEA). | Equivalent legal effect to a handwritten signature. Required for documents where the law mandates a written form. Recognized across the European Economic Area (EEA). |
Documents That Can Be Signed Electronically
In principle, any document where the law does not explicitly require a specific physical form can be signed electronically. The Qualified Electronic Signature (QES) is particularly powerful as it provides the legal equivalent of a wet-ink signature, satisfying the “written form” requirement imposed by other laws.
i. Commercial Contracts: General service agreements, supply contracts, commercial loan agreements, and non-disclosure agreements (NDAs).
ii. Employment Documentation: Employment contracts, termination notices, internal policies, and other Human Resources documents.
iii. Digital Government Filings: Documents submitted to public institutions, once they fully implement the acceptance mechanisms mandated by the LEITSET.
iv. Banking and Financial Services: Loan applications, account opening forms (where full digital processes are adopted), and electronic payment authorizations.
v. Leases/Rental Contracts: Contracts creating or transferring rental rights in real estate.
vi. Electronic Seals: The law also regulates the Qualified Electronic Seal, which has the equivalent legal value of a traditional company stamp or seal, allowing legal entities to validate electronic documents.
Documents That Cannot Be Signed Electronically
The law places specific restrictions on the use of electronic signatures for certain legal acts that require the highest level of legal formality, public record, or are governed by special laws. The exclusions generally align with international best practice and the eIDAS model.
The Law on Electronic Identification and Trust Services in Electronic Transactions (and related preceding laws) explicitly excludes the use of electronic signatures in the following cases:
1. Contracts that create or transfer rights in Real Estate, except for rental rights. This generally covers documents for the sale, purchase, mortgage, or establishment of easements over immovable property, which must be registered in the Cadastre and typically require a notarial deed.
2. Contracts governed by Family Law or by the Law of Succession (Inheritance). This includes, for example, marriage contracts, divorce settlements, and last wills (testaments), which require specific solemnities and procedures.
3. Legal actions requiring by law the involvement of Courts, Public Authorities, or Professions exercising Public Authority (e.g., notaries or bailiffs), unless the specific law explicitly permits the use of electronic documents and signatures (which is the goal of digitalization efforts, but is not yet universal).
4. Contracts of Surety Ship granted and on Collateral Securities furnished by persons acting for purposes outside their trade, business, or profession (i.e., consumer/individual guarantees).
5. Where the use of electronic signatures is not permitted by a special law. In practice, even where the law allows it, institutions like courts and notaries have been hesitant to accept electronically signed documents, citing the need for clearer internal procedures and mandatory instructions.
Notable Changes in the Laws (2023–2025)
The period since the adoption of the LEITSET in early 2022 has been focused on issuing secondary legislation and developing the national digital infrastructure necessary for implementation.
1. Launch of Sub-Legal Acts (2022–2023)
The Ministry of Economy published several crucial regulations in late 2022 and early 2023 to operationalize the main law. These acts provide the technical and administrative details for the entire ecosystem, including the criteria for a Qualified Trust Service Provider (QTSP), the registration of qualified devices, and the manner of creating and storing electronic documents. This regulatory phase was essential for the system to become legally functional.
2. Digital Identity and Infrastructure Development (Ongoing)
The government is actively working on the full launch of the national eID platform and the establishment of a fully functional system for the issuance of electronic signatures for citizens and electronic seals for businesses. This effort is supported by the e-Government Strategy Kosovo 2023-2027, which aims to accelerate public sector digitalization and obligate public institutions to accept electronic signatures. As of 2024, the focus has been on making this technology widely available and affordable for the private sector.
3. Focus on Banking and Key Processes
Current advocacy and policy discussions (2024) are centred on digitizing key processes, including employment contracts, business registration, and, critically, fully digital banking processes (like remote account opening and contract signing) by urging the Central Bank of Kosovo to provide the necessary regulatory green light.
4. Public Acceptance and Implementation Gap
The primary challenge remains the gap between the law and its implementation. While the law is modern and robust, the practical acceptance by some critical institutions, such as courts and bailiffs, is still lagging, often requiring wet-ink documents and hindering the full benefits of the digital agenda. Future efforts will focus on mandatory instructions and training to ensure uniform legal recognition across all levels of the administration.
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. Law No. 04/L-094 on the Information Society Services (partially repealed and supplemented by LEITSET).
2. Law No. 08/L-022 on Electronic Identification and Trust Services in Electronic Transactions (LEITSET).
3. Regulation (ME) No. 11/2022 on Presentation, Authentication, Transfer, Storage, and Protection of Electronic Documents.
4. Regulation (EU) No. 910/2014 (eIDAS Regulation), which the Kosovo legal framework largely follows.
