The Republic of North Macedonia has made the rapid digitalization of its public administration and commercial sector a cornerstone of its national development strategy. The legal status of electronic signatures (e-signatures) is central to this effort, providing the necessary legal certainty for digital transactions. Since becoming a candidate country for European Union (EU) membership, North Macedonia has actively sought to harmonize its legislation with the EU’s eIDAS Regulation (Regulation (EU) No 910/2014).
This harmonization is formalized through the Law on Electronic Documents, Electronic Signatures, and Trust Services (hereinafter “The Law”), which establishes a tiered system of e-signatures. This system is founded on the crucial principle of functional equivalence: a document signed using the highest standard of electronic signature is legally equivalent to its traditional paper counterpart signed with a wet-ink signature.
This commitment to legal equivalence ensures that digital documents are admissible as evidence in all legal and administrative proceedings, greatly promoting efficiency and reducing reliance on physical paperwork across the private, public, and financial sectors. Understanding the hierarchy of signatures—Simple, Advanced, and Qualified—is essential for any entity operating within the North Macedonian legal domain.
1. Legal Framework and Core Principles
The primary legislation governing electronic signatures and related trust services in North Macedonia is the Law on Electronic Documents, Electronic Signatures, and Trust Services (Official Gazette of the Republic of North Macedonia, No. 104/2017 and subsequent amendments). This law superseded older, less comprehensive legislation and brought the country into near-full alignment with the eIDAS model.
A. Foundational Legal Principles
The Law rests upon several key principles designed to promote trust and legal certainty in the digital environment:
i. Principle of Non-Discrimination: An electronic signature cannot be denied legal effect and admissibility as evidence in court proceedings merely because it is in an electronic form or does not meet the requirements for a Qualified Electronic Signature (QES). This ensures that even lower-tier signatures (SES, AES) are recognized, though their probative value varies.
ii. Principle of Functional Equivalence (QES): The Law explicitly grants a Qualified Electronic Signature (QES) the equivalent legal effect of a handwritten signature. This is the highest level of trust conferred and is crucial for meeting statutory requirements for “written form.”
iii. Presumption of Authenticity: Documents executed with a QES enjoy a legal presumption of authenticity and integrity. This places the burden of proof on the party challenging the document’s validity to demonstrate that the signature is false or the document has been altered.
B. Regulatory Oversight
The central body responsible for overseeing and accrediting Trust Service Providers (TSPs) and maintaining the framework’s integrity is the Ministry of Information Society and Administration (MISA). MISA’s responsibilities include authorizing TSPs to issue qualified certificates and ensuring that the entire digital identification ecosystem adheres to the strict technical and security requirements of the law.
C. The Three Tiers of Electronic Signatures
The legal framework defines three distinct types of electronic signatures, each carrying different levels of legal weight and security assurance:
i. Simple Electronic Signature (SES)
● Definition: Any data in electronic form attached to or logically associated with other electronic data that is used by the signatory to sign.
● Examples in Practice: An email signature block, clicking “I Agree” on a service contract (where written form isn’t mandatory), or a scanned image of a signature embedded in a PDF.
● Legal Weight: Admissible as evidence, but the party relying on it must provide sufficient supporting evidence (such as audit trails or system logs) to prove the identity of the signatory and the integrity of the document. Suitable only for low-risk, internal, or non-critical communications.
ii. Advanced Electronic Signature (AES)
● Definition: A signature that is uniquely linked to the signatory, capable of identifying the signatory, created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control, and linked to the data signed in such a way that any subsequent change in the data is detectable.
● Examples in Practice: Signatures generated by proprietary commercial signing software that incorporate multi-factor authentication and robust cryptographic binding to the document.
● Legal Weight: Carries higher evidentiary value than an SES and is fully admissible in court. However, it does not automatically equate to a handwritten signature. Its validity is determined by the court based on all surrounding circumstances. It is frequently used for B2B agreements where trust between the parties is already established.
iii. Qualified Electronic Signature (QES)
● Definition: An AES that is created by a qualified electronic signature creation device (QESCD) and is based on a qualified certificate issued by an accredited TSP. QES requires the identity of the signatory to be verified in person or via equivalent remote methods, ensuring a high degree of identity assurance.
● Examples in Practice: Mandatory for official submissions to government agencies, signing labor contracts, establishing shareholder agreements, and high-value commercial contracts.
● Legal Weight: Possesses the full legal equivalence of a handwritten signature. It is the only type of electronic signature that satisfies the mandatory legal requirement for documents to be executed in “written form” and is therefore indispensable for legal compliance in high-stakes transactions.
2. Documents That Can and Cannot Be Signed Electronically
The applicability of e-signatures is determined by the form requirements stipulated in the relevant sectoral laws (e.g., Civil Code, Law on Obligations, etc.). If a law requires only a simple “written form,” a QES is sufficient and recommended. If a law requires a specific solemnized procedure (notarization or public act), the QES may be insufficient.
A. Documents Generally Permitted for Electronic Signing (QES Recommended/Required)
The QES is the necessary and sufficient standard for virtually all commercial and administrative documents requiring legal enforceability.
| Document Type | Example Use Cases | Required Signature Tier |
| Public Administration | Standard loan agreements (where real estate is not collateral), bank account opening agreements (subject to the bank’s internal processes), and internal regulatory compliance documents. | QES (Mandatory) |
| Commercial Contracts | Sales contracts, service agreements, intellectual property assignments, lease agreements (not real estate), franchise and distribution agreements. | QES |
| Labor Law Documents | Employment contracts, decisions on termination, non-disclosure agreements with employees, internal human resources documentation. | QES |
| Financial Services | Employment contracts, decisions on termination, non-disclosure agreements with employees, and internal human resources documentation. | QES |
| Judicial Filings | Submissions and procedural actions filed electronically with the courts, subject to the court’s established system and rules of procedure. | QES |
B. Documents Generally Prohibited or Highly Restricted (Mandating Paper/Notarization)
Electronic signatures, even the Qualified type, cannot legally replace documents that require the involvement of a public notary or other public authority to authenticate the content or the signature itself. These exceptions are maintained to protect fundamental rights, property records, and ensure public certainty.
Prohibited and Restricted Categories Include:
i. Real Estate Transactions: Any legal act involving the transfer, establishment, or modification of real rights over immovable property (land, buildings). These transactions universally require a public notary act and physical signatures for registration in the Cadastre.
ii. Wills and Inheritance: Formal documents such as Wills and Testaments and contracts regarding inheritance rights must adhere to strict formal requirements, which typically preclude pure electronic form.
iii. Family Law: Specific sensitive agreements, such as prenuptial agreements or declarations concerning the legal capacity of individuals, may require notarization under the Family Law.
iv. Bills of Exchange and Specific Negotiable Instruments: While the law is evolving, certain traditional paper-based negotiable instruments still require physical form to comply with specific circulation and enforcement rules.
v. Acts Requiring Solemnization: Any legal document where the law explicitly mandates verification, solemnization, or certification by a public notary or court clerk—procedures that cannot yet be fully replicated by electronic means alone.
3. Notable Changes and Practical Implementation
North Macedonia’s legal framework has seen significant evolution, particularly in how e-signatures are deployed across the public sector, driven by a national push for “Digital Transformation 2023-2027.”
A. The Adoption of Remote QES and National e-ID
A crucial modernization step has been the widespread adoption of remote Qualified Electronic Signature (Remote QES) services. Historically, QES required a physical device (smart card or USB token), which limited mobility. The introduction of Remote QES allows signatories to generate a QES using their mobile devices or cloud-based storage secured by an accredited TSP. The key is that the private signing key remains securely managed by the TSP in a QESCD-certified environment. This flexibility is tied to the emerging national electronic identification system (e-ID).
A. Digitalization of Corporate Governance and Central Registry
The Central Registry of the Republic of North Macedonia has established systems that make the use of QES mandatory for most corporate activities, including company registration, submission of annual financial statements, and changes to corporate status. This shift has not only streamlined bureaucracy but also made corporate records more secure and transparent.
B. Cross-Border Recognition and Interoperability
The Law explicitly incorporates provisions for the recognition of foreign Qualified Electronic Signatures, provided they originate from a non-Macedonian TSP that is either recognized under an international agreement (such as eIDAS for EU/EEA countries) or has been individually recognized by MISA based on an assessment of equivalent security and legal standards. This commitment to interoperability simplifies digital trade for foreign companies operating in North Macedonia.
D. Challenges in Judicial Acceptance
While the law grants QES full legal equivalence, the practical implementation in certain district courts and smaller administrative bodies has sometimes lagged. Instances still occur where courts, due to institutional inertia or lack of necessary technical equipment for verifying QES certificates, may initially show a preference for wet-signed originals. This necessitates that businesses are often prepared to formally prove the validity of their QES-signed documents, although the law clearly mandates its acceptance.
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 on Electronic Documents, Electronic Signatures, and Trust Services. Official Gazette of the Republic of North Macedonia, No. 104/2017 and subsequent amendments. (The foundational legislation).
2. Law on Obligations (Zakon za Obligacionite Odnosi). (Governs general contract formation and requirements for the form of legal acts).
3. Regulation (EU) No 910/2014 (eIDAS Regulation). Official Journal of the European Union. (The EU standard that the Macedonian law is harmonized with).
4. National Strategy for Digital Transformation 2023-2027. (Official governmental document outlining objectives for e-services adoption).
5. Ministry of Information Society and Administration (MISA). Official guidelines and accreditation standards for Trust Service Providers.
6. Petrovska, I. (2024). “Legal Certainty in the Digital Age: Analyzing the Judicial Acceptance of QES in North Macedonia.” Review of Administrative Law and Practice. (Academic review of practical application and legal challenges).
