As a member state of the European Union (EU), the legal validity of electronic signatures in the Republic of Bulgaria is fundamentally governed by the eIDAS Regulation (EU No. 910/2014). This framework ensures technology-neutrality and the mutual recognition of electronic trust services across the EU, establishing a standardized, multi-tiered approach to digital signing.
The overarching principle, as codified in Article 25(1) of eIDAS, is non-discrimination: an electronic signature cannot be denied legal effect solely because it is in an electronic form. However, the legal weight and evidentiary presumption afforded to the signature depends entirely on which of the three prescribed types is used:
1. Simple Electronic Signature (SES): This is the baseline, consisting of basic digital data associated with a document (e.g., a digitized image of a signature, a name typed into a form, or an email sign-off). It is admissible as evidence in Bulgarian courts, but its weight is assessed on a case-by-case basis.
2. Advanced Electronic Signature (AES): This tier requires a higher level of security and certainty, necessitating that the signature is uniquely linked to the signatory, capable of identifying them, created using data under the signatory’s sole control, and linked to the signed data in a way that detects subsequent changes. It carries significantly higher evidentiary weight than an SES.
3. Qualified Electronic Signature (QES): The gold standard of electronic signing. A QES is an AES created by a Qualified Electronic Signature Creation Device (QESCD) and backed by a qualified certificate issued by an EU-accredited Qualified Trust Service Provider (QTSP).
A critical distinction in Bulgarian national law regarding SES and AES is found in the Electronic Document and Electronic Trust Services Act (EDETSA). While QES automatically receives the highest legal status, the legal effect of an SES or AES is only considered equivalent to a handwritten signature if the contracting parties have explicitly agreed to this equivalence in advance.
Legal Framework for Electronic Signatures
Bulgaria’s legal structure for e-signatures is a combination of directly applicable EU regulations and necessary national implementing legislation.
A. Core Legislation
1. eIDAS Regulation (EU No. 910/2014): Directly applicable and provides the foundational definitions and cross-border recognition mandates for all EU Member States, including Bulgaria, since July 1, 2016.
2. The Electronic Document and Electronic Trust Services Act (EDETSA): This national law (most recently amended) directly implements and details the application of the eIDAS Regulation within Bulgaria. It regulates the provision of trust services, the requirements for electronic documents, and the legal recognition of the signature types.
3. The Electronic Government Act: This law governs the use of electronic documents and signatures in communications with state administrative bodies and the provision of public electronic services.
4. The Obligations and Contracts Act (Article 293): This foundational civil law confirms that agreements concluded electronically are legally binding, provided they meet necessary authentication and integrity standards.
B. Legal Effect and Equivalence
In line with the eIDAS Regulation and the EDETSA, the legal effect of the three signature types can be summarized by two key principles:
1. Non-discrimination Principle (Universal Admissibility):
Electronic Signature (SES, AES, QES) = denied legal effect solely due to electronic form
2. Equivalence Principle (Statutory Weight):
Qualified Electronic Signature (QES) = Equivalent legal impact of a handwritten signature
3. National Equivalence for Lower Tiers (Party Agreement):
The EDETSA specifies that the legal effect of an SES or AES is equivalent to a handwritten signature only if the parties to the document have agreed on this equivalence. If no such agreement exists, the SES or AES is admissible as evidence, but the burden of proof regarding authenticity and integrity rests with the party relying on the signature.
Documents That Can Be Signed Electronically
The vast majority of commercial, corporate, and private agreements in Bulgaria can be legally concluded using electronic signatures, with the type of signature often dictated by the risk level or the counterparty (especially government agencies).
A. Commercial and Corporate Documents
For transactions requiring a simple written form (which is the default requirement for most contracts), any form of electronic signature (SES, AES, or QES) can be used, often conditional on a prior party agreement for SES/AES equivalence. Use cases include:
- i. General Commercial Agreements: Sales contracts, NDAs, supply agreements, and service contracts between businesses.
- ii. Corporate Governance: Minutes of General Meetings, internal resolutions, and documents exchanged between a company and its manager/shareholders.
- iii. Registration Filings: Submission of documents to the Commercial Register and other state registries, where a QES is generally mandatory to ensure the security and identity of the submitting party.
- iv. Intellectual Property: Non-exclusive licensing agreements for patents, copyrights, and trademarks.
B. Human Resources and Employment
The Bulgarian Labour Code has been significantly modernized to embrace digital processes, especially following a 2023 amendment focusing on electronic records.
- i. Employment Contracts and Modifications: These can be signed with an AES (based on a qualified certificate) or QES, provided the employee has agreed to electronic delivery and communication.
- ii. Termination Notices and Internal Orders: The employer’s unilateral documents must typically be signed with a QES, while the employee’s consent or acknowledgement may use an AES/QES.
C. Public Administration (e-Governance)
For interaction with central or local government authorities, including applying for public services or submitting official forms, a QES (or sometimes an AES backed by a Bulgarian electronic identity certificate) is typically required under the Electronic Government Act. This streamlines administrative procedures and guarantees the authenticity of the applicant’s identity.
Documents That Cannot Be Signed Electronically
Consistent with many Civil Law jurisdictions and the principle that eIDAS defers to national law for formal requirements, Bulgarian law retains several crucial exceptions where a traditional wet-ink signature or mandatory notarization is required for valid legal formation. Using any form of electronic signature (even QES) for these documents is insufficient for legal validity.
Documents that typically cannot be signed solely using an electronic signature include:
1. Real Property Transactions (Notarial Deeds): Any contract or deed requiring the transfer of ownership, creation of real rights, or establishment of security over immovable property (land, buildings). These transactions must be executed via a notarial deed, which requires the physical presence and wet-ink signature of the parties before a notary public.
2. Testamentary and Inheritance Dispositions: Wills, codicils, and other documents related to inheritance or the death of a person, which require specific statutory formalities (such as handwritten text, specific witness participation, or notarial form) to confirm the testator’s intent and prevent fraud.
3. Family Law Matters: Documents related to personal status and family relations, such as marriage certificates, adoption papers, or specific aspects of divorce proceedings, where underlying national laws mandate non-electronic formalities.
4. Contracts of Suretyship and Personal Guarantees: Certain deeds relating to personal or real securities, which often require a qualified form or explicit written form that mandates a wet-ink signature to protect the guarantor.
In all cases where the law explicitly demands a qualified form for validity (e.g., a notarized deed, participation of an official or witness, or specific handwritten form), electronic signatures are insufficient.
Notable Changes in the Legal Landscape
The Bulgarian legal landscape has shown a clear acceleration in the adoption of digital standards, particularly within the corporate and administrative spheres.
A. Digital Transformation of Employment Records (2025 Reform)
One of the most significant recent changes is the move to a fully digitized administration of labor relations. Following amendments to the Labour Code in late 2023, effective June 1, 2025, Bulgaria is transitioning to a unified electronic employment record system.
1. This reform ends the mandatory maintenance of traditional paper employment books.
2. All future entries relating to employment creation, amendment, and termination will be recorded electronically and submitted to the National Revenue Agency (NRA).
3. The system mandates the use of a Qualified Electronic Signature (QES) for employers and authorized persons submitting these electronic employment records, solidifying QES as the standard for high-assurance interaction with the tax and employment administration.
B. Increased Acceptance of Advanced Electronic Signatures
While QES holds the statutory equivalence, recent judicial developments indicate a growing willingness to accept the binding nature of AES in commercial contexts. Courts, including the Sofia District Court in 2022, have ruled in favour of the legal validity of AES for employment agreements and business transactions, reflecting the national law allowing party agreements to elevate the legal effect of AES and SES. This trend encourages businesses to adopt AES for medium-risk, high-volume transactions, provided they document the agreement on equivalence.
C. Oversight of Trust Service Providers
The regulatory framework is robust, with the Communications Regulation Commission (CRC) acting as the supervisory body for Qualified Trust Service Providers (QTSPs). The maintenance of the Trusted List ensures that all QES issued by accredited Bulgarian providers are automatically recognized across the entire EU, enhancing Bulgaria’s position in cross-border digital commerce.
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 and Key Regulatory Sources
The analysis of electronic signature legality in the Republic of Bulgaria is primarily drawn from the following legislative instruments:
- Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the eIDAS Regulation).
- The Electronic Document and Electronic Trust Services Act (EDETSA) (or EDECSA) implements the eIDAS Regulation into Bulgarian national law.
- The Electronic Government Act.
- The Obligations and Contracts Act.
- Amendments to the Labour Code (Late 2023, effective June 1, 2025) concerning electronic employment records.
