Latvia, as a member state of the European Union, operates under a sophisticated and harmonized legal framework that grants significant legal equivalence to electronic signatures. The country has been a pioneer in digital governance, fully embracing the eIDAS Regulation, which provides a clear and technology-neutral structure for electronic transactions.
Overview and Legal Framework
The Cornerstone of Digital Trust
The legality of electronic signatures (e-signatures) in Latvia is primarily governed by a dual framework: EU Regulation No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) and the supplementing Latvian Electronic Documents Law (Elektronisko dokumentu likums).
The overarching principle, enshrined in Article 25(1) of the eIDAS Regulation, is that an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely because it is in an electronic form.
In many instances, Latvian Civil Law does not strictly require a “wet-ink” signature for a contract to be valid; contracts are generally valid if legally competent parties reach an agreement, whether verbally, electronically, or on paper. However, for documents where a mandatory written form is required by law, the specific type of electronic signature used is critical.
The Three Types of Electronic Signatures
The eIDAS Regulation defines three distinct types of electronic signatures, each carrying a different level of legal weight and security:
| Signature Type | Abbreviation | Legal Effect/Requirement |
| Simple Electronic Signature | SES | Admissible as evidence. Cannot be denied legal effect solely because of its electronic form (non-repudiation principle). |
| Advanced Electronic Signature | AES | Must be uniquely linked to and capable of identifying the signatory, and created using data under the signatory’s sole control. Higher probative value than SES. |
| Qualified Electronic Signature | QES | An AES that is created by a Qualified Electronic Signature Creation Device (QSCD) and is based on a Qualified Certificate issued by an EU-approved Qualified Trust Service Provider (QTSP). |
Crucially, only the Qualified Electronic Signature (QES) holds the legal effect equivalent to a handwritten signature under Latvian and EU law (Article 25(2) of eIDAS). Non-qualified signatures (SES and AES) are fully admissible in court but may require additional evidence to prove the signatory’s intent and identity in a dispute.
Documents That Can Be Signed Electronically
The vast majority of commercial, administrative, and general contractual documents can be legally executed using an electronic signature in Latvia. The required signature level (SES, AES, or QES) often depends on the potential risk, value, or regulatory scrutiny associated with the document.
| Signature Level | Common Use Cases (Examples) |
| SES/AES (Simple & Advanced) | Commercial Contracts: General business agreements, non-disclosure agreements (NDAs), purchase orders, invoices, and distribution agreements. |
| HR Documents: Employment contracts, internal policy acknowledgements, privacy notices, leave requests. | |
| Consumer Agreements: Software licenses, service terms acceptance (often via click-wrap or embedded SES). | |
| Property: Residential and commercial lease agreements (where registration in the Land Register is not required). | |
| QES (Qualified) | Documents Requiring ‘Written Form’: Any document where Latvian national law explicitly requires a “written signature,” such as: -Corporate Documents: Certain filings with the Commercial Register (Uzņēmumu reģistrs). -Legal/Formal Documents: Power of attorney issued by a legal professional. -High-Value Agreements: Commercial pledge agreements, termination of an employment agreement. -Public Services: Submissions to government institutions where the QES serves as the equivalent of identification and a handwritten signature. |
In practice, the Latvian government’s official e-signature solution, eParaksts (offered by the LVRTC – Latvian State Radio and Television Center), provides a QES that is widely accepted across the public and private sectors, often delivered via a physical smart card or a mobile app (eParaksts mobile).
Documents That Cannot Be Signed Electronically (or Require a Notary)
While the scope of e-signatures is vast, Latvian law still reserves a few specific categories for traditional wet-ink signatures or a formal notarial process that is not easily compatible with a standard electronic process, primarily for the highest-stakes legal acts.
Documents that typically cannot be executed with a standard e-signature and require a wet-ink signature or formal notary include:
i. Acts Governed by Family Law: Such as nuptial agreements (pre-nuptial agreements).
ii. Acts Governed by the Law of Succession: Certain forms of a last will and testament.
iii. Company Incorporation Documents: While some filings can be done electronically with a QES, the initial foundational documents like the application form for the Commercial Register, articles of association, or the register of a limited liability company’s shares may require original paper or a notarial process.
iv. Land Register Transactions: Requests to the Land Register to create, amend, or delete a record regarding rights in rem (e.g., mortgages, full property transfer agreements) often require a certified notary and paper documents or a QES used within a specifically approved notarial e-service environment.
v. Power of Attorney Issued by a Natural Person: A Power of Attorney issued by an individual (natural person) often still requires the full notarial process.
vi. Agreements Enabling Expedited Judicial Enforcement: Certain agreements designed to allow for fast-tracked debt collection or judicial action often mandate a specific formal structure incompatible with non-qualified electronic methods.
Notable Changes in the Laws and Future Trends
The legal landscape in Latvia is continuously adapting to the digital shift, driven primarily by EU directives and national efforts to modernize governance.
The Impact of eIDAS and National Law
The introduction of the eIDAS Regulation in 2016 was the most significant legal change, repealing the former EU e-Signatures Directive (1999/93/EC) and setting the foundation for cross-border recognition of QES across the entire EU. Latvia integrated this regulation through its Electronic Documents Law.
Mandatory E-Invoicing (A Major Digital Trend)
A significant recent development relates to the mandatory adoption of structured electronic invoicing (e-invoicing), which strongly encourages the use of certified electronic data exchange methods and is closely related to the trust services framework:
- i. Business-to-Government (B2G): Mandatory e-invoicing for all suppliers to Latvian public authorities has been enforced since January 1, 2025.
- ii. Business-to-Business (B2B): Mandatory B2B e-invoicing for domestic transactions is scheduled to be enforced from January 1, 2028, following a postponement to allow businesses to prepare. This shift mandates the use of structured XML formats (like PEPPOL BIS Billing 3.0), integrating data with the State Revenue Service in near real-time.
Future Trends: eIDAS 2.0
The ongoing development of eIDAS 2.0 introduces the concept of the European Digital Identity (EUDI) Wallet. Once fully implemented, this will enhance cross-border digital identity verification and is expected to further streamline the use of Advanced and Qualified Electronic Signatures for citizens and businesses across the EU, including Latvia.
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. Latvian Civil Law (Civillikums), particularly Sections concerning contract formation.
2. Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
3. Latvian Electronic Documents Law (Elektronisko dokumentu likums).
