The Republic of Moldova has made significant strides in digitalizing its governance and commercial sectors. The legal framework for electronic signatures is modern and sophisticated, largely aligning with the standards set by the European Union’s eIDAS Regulation. This ensures a high degree of security, trust, and interoperability for digital transactions within the country and, increasingly, with international partners.
Overview and Legal Framework
Moldova’s current legal framework for electronic signatures is primarily governed by the Law No. 124 of May 19, 2022, on Electronic Identification and Trust Services. This law repealed and replaced the older Law on Electronic Signature and Electronic Document (Law 91/2014) to harmonize the national legislation with advanced European standards.
Key Principles
1. Legal Equivalence: Electronic documents signed with a qualified electronic signature are recognized as having the same legal force as paper documents signed with a handwritten signature.
2. Admissibility in Court: Electronic documents and signatures are admissible as evidence in legal proceedings. The specific type of signature determines its probative value (weight of evidence).
3. Trust Service Providers (TSPs): The law shifts focus from “certification services providers” to Trust Service Providers (TSPs), mirroring the eIDAS terminology. The Security and Intelligence Service (SIS) is the designated supervisory and control body in this field.
The Two Tiers of Signatures
The Moldovan law regulates electronic signatures and seals in two primary tiers, excluding the Simple Electronic Signature (SES) from formal regulation but not necessarily from being used as admissible evidence:
| Signature Type | Abbreviation | Legal Equivalence & Requirements |
| Advanced Electronic Signature | AES | Must be uniquely linked to the signatory, capable of identifying them, and created using signature creation data that the signatory can, with a high level of confidence, use under their sole control. Admissible in court. |
| Qualified Electronic Signature | QES | An AES that is additionally created by a qualified signature creation device and based on a qualified certificate issued by a Qualified Trust Service Provider (QTSP). It has the equivalent legal effect of a handwritten signature. |
The Governmental Electronic Signature Service (MSign) facilitates the application and verification of the Advanced Qualified Electronic Signature using national tools like the Mobile Signature, Electronic ID Card, and tokens from the Information Technology and Cyber Security Service (STISC).
Documents That Can Be Signed Electronically
The vast majority of commercial, administrative, and civil agreements can be legally signed using a Qualified Electronic Signature (QES), given its equivalence to a handwritten signature.
i. General Commercial Contracts: Sales agreements, service contracts, supply agreements, non-disclosure agreements (NDAs), and commercial leases.
ii. Corporate Documents: Minutes of general meetings (where notarial authentication is not required), internal resolutions, powers of attorney (non-notarial), and documents submitted for the registration of legal entities (provided they meet the QES requirement).
iii. Labor Relations: Employment contracts, internal disciplinary orders, and other HR documents. The Labour Code explicitly recognizes the “written form” to include information in an electronic format.
iv. Government Interaction: Applications, reports, declarations, and various communications with state institutions can be submitted electronically using the QES, facilitating access to digital government services.
v. Real Estate (Specific): Applications for registration of rights over real estate property and related documents can be submitted electronically. However, the initial contract of transfer itself may be an exception (see Section 3).
In practice, for high-stakes or critical documents where the “written form” is explicitly required by law, the QES is the recommended and often mandatory form to ensure the highest legal enforceability and to avoid challenges to admissibility.
Documents That Cannot Be Signed Electronically (Exclusions)
Moldovan law, while progressively digital, retains certain exclusions for documents that require specific, traditional formalities for validity. These are primarily acts involving public authority or highly sensitive personal matters.
Documents that cannot yet be fully executed by a simple e-signature or QES alone include:
i. Notarial Acts (Before Full Implementation): While the Parliament passed Law No. 126 in 2023 to introduce electronic notarization, its full entry into force is contingent on establishing the necessary technical conditions, no later than June 2026. Until then, many notarial deeds still require physical presence.
- Acts Specifically Excluded from Electronic Notarization: Even after the law’s full implementation, certain acts are excluded from remote electronic notarization, such as the authentication of wills, securing evidence, and the receipt of handwritten wills or other paper documents.
ii. State Secrets: The use of advanced and qualified electronic signatures and seals is not allowed on electronic documents containing information classified as a state secret.
iii. Specific Public Law Relations: The use of an Advanced Electronic Signature (AES) is restricted in certain legal relations of legal persons under public law with natural persons and legal persons.
iv. Real Property Transfer Contracts: While the trend is towards digitalization, the contract for the transfer of ownership of real property is a document that traditionally requires a notary and may still require the highest form of physical or technically authorized digital notarial process for full legal effect, pending the complete implementation of the electronic notarization framework.
Notable Changes in the Laws
The legality of e-signatures in Moldova has undergone a significant and rapid transformation, reflecting a strong commitment to European integration and digitalization.
1. Law No. 124/2022: This is the foundational change, replacing the old 2014 law and harmonizing the Moldovan framework with the eIDAS Regulation’s structure (AES and QES). It also formally created the regulatory structure for TSPs under the SIS.
2. Cross-Border Recognition: The Moldovan government approved a decision on the manner of recognition of qualified electronic signatures created using a qualified public key certificate issued by a trust service provider from an EU Member State. This is a crucial step for boosting international trade and the country’s accession process to the EU.
3. Electronic Notarization (Law No. 126/2023): This law introduces the possibility of perfecting a notarial deed by electronic means, including through remote communication (concomitant e-presence via visual/audio feed). This reform is set to fully digitalize a core part of the legal system by mid-2026.
4. Inclusion in EU Trusted List: Moldova is actively working to be included in the EU Third Countries’ Trusted List for the validation of electronic signatures. Achieving this will allow EU organizations and citizens to easily validate signatures and seals from Moldovan entities, further lowering barriers to 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.
References
1. Security and Intelligence Service (SIS) official publications on trust services and the implementation of Law 124/2022.
2. Law of the Republic of Moldova No. 124 of May 19, 2022, on Electronic Identification and Trust Services.
3. Law of the Republic of Moldova No. 126 of May 26, 2023, amending the Law on Notarial Procedure (related to electronic notarization).
4. Government Decision No. 491 of July 13, 2022, on the approval of the mode of recognition of qualified electronic signatures created using a qualified public key certificate issued by a trusted service provider from an EU Member State.
5. PwC Moldova and Schoenherr legal analysis on the legislative amendments promoting digitalization in the economy.
