Lithuania, as a prominent member state of the European Union and a leader in digital governance (e-governance) in the region, operates under a highly developed and robust legal framework for electronic signatures. The country’s legal certainty is derived primarily from its direct application of EU law, ensuring broad acceptance and cross-border recognition of digital transactions.
Overview and Legal Framework
The legality of electronic signatures in Lithuania is established by two main pillars:
A. The eIDAS Regulation (EU No 910/2014)
As an EU member, the eIDAS Regulation is directly applicable in Lithuania, meaning it automatically supersedes any conflicting national law and forms the primary legal basis for electronic signatures and trust services.
The fundamental principle of eIDAS, and therefore Lithuanian law, is non-discrimination: “An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely because it is in an electronic form or that it does not meet the requirements for qualified electronic signature.
B. National Legislation
Lithuania has national laws, such as The Law on Electronic Identification and Trust Services for Electronic Transactions, which complements the eIDAS Regulation by specifying national requirements, licensing, and supervision of local Trust Service Providers.
Three Tiers of Signatures
The eIDAS Regulation (and Lithuanian law) defines three types of electronic signatures, each with distinct legal weight:
| Signature Type | Description | Legal Effect |
| Simple Electronic Signature (SES) | Basic electronic data attached to or logically associated with other electronic data (e.g., a scanned signature, a typed name in an email, or clicking an ‘I Agree’ button). | Admissible as evidence in court. The burden of proof for its validity falls on the relying party. |
| Advanced Electronic Signature (AES) | Uniquely linked to the signatory, capable of identifying the signatory, created using data under the signatory’s sole control, and linked to the data in such a way that any subsequent change is detectable. | Legally valid for most commercial contracts; admissible as evidence, and generally has higher probative value than SES. |
| Qualified Electronic Signature (QES) | An AES that is created using a Qualified Electronic Signature Creation Device (QSCD) and is based on a Qualified Certificate issued by a Qualified Trust Service Provider (QTSP). | Has the equivalent legal effect of a handwritten signature and a presumption of validity in all EU/EEA Member States. |
For a document to be considered the legal equivalent of a traditional wet-ink document, it must typically be signed with a Qualified Electronic Signature (QES).
Documents That Can Be Signed Electronically
Due to the robust legal framework centred on the QES, the vast majority of commercial, administrative, and private documents can be legally executed using an electronic signature in Lithuania.
A Qualified Electronic Signature (QES) is required when Lithuanian law explicitly requires a handwritten signature or a written form for the validity of the document. This includes:
i. Commercial Agreements (B2B/B2C): Sales contracts, service agreements, intellectual property assignments, lease agreements (unless requiring a notary), distribution agreements, Non-Disclosure Agreements (NDAs), and standard corporate resolutions.
ii. Employment Documents: Employment contracts, annexes, termination notices, and internal policies.
iii. Administrative and Judicial Filings: Documents submitted to state registries, tax authorities (such as the State Tax Inspectorate), courts, and other public institutions, where the law requires the document to be “signed.”
iv. Invoices and Financial Documents: Electronic invoicing is widespread, and QES ensures the integrity and origin of the document.
v. Digital Identity Services: Lithuania is a pioneer in electronic identity, with services like Smart-ID and the national personal identification card often providing the technical means to create a QES or AES.
For documents that do not legally require a written form (e.g., certain simple business documents), an AES or even an SES is typically sufficient and legally admissible.
Documents That Cannot Be Signed Electronically (Exclusions)
While the QES enjoys broad legal equivalence, certain formal acts and documents are specifically excluded from simple electronic execution, often requiring a higher level of solemnity, typically a notarial deed. These exclusions are dictated by specific provisions of the Civil Code or other special laws.
Documents that cannot be signed solely with an electronic signature and generally require a notary public or physical presence include:
1. Transfer of Real Estate: Contracts for the transfer of ownership of real property (land, buildings, apartments). These agreements must be notarized.
2. Mortgage and Secured Loans: Agreements creating a real property mortgage, which requires a notarial deed for public registration and validity.
3. Wills and Testaments: Formal requirements for wills and testaments mandate physical signatures and, often, notarization or witness presence.
4. Certain Powers of Attorney: Powers of attorney that authorize actions that themselves require a notarial form (e.g., selling real estate) must also be executed as a notarial deed.
5. Marriage and Divorce Agreements: Formal agreements concerning marital status that require judicial or notarial confirmation.
In such cases, the electronic signature may be used on preparatory documents, but the final, legally binding instrument must adhere to the traditional formal requirements prescribed by Lithuanian law.
Notable Changes and Future Outlook
Lithuania has been proactive in implementing and leveraging digital trust services, signalling a continuous movement towards a fully digital public and private sector.
1. Pioneering Digital Identity: Lithuania has successfully integrated its national e-identity infrastructure with QES, making it easy for citizens to sign documents.
2. Adoption of QES for Public Sector: The use of QES has become mandatory or strongly preferred for almost all interactions with state institutions, dramatically increasing the efficiency of the public administration sector.
3. Focus on Security: The government continuously updates its standards to ensure the security of electronic signature creation devices. For example, in 2024, the government announced that older, less secure e-signature devices for civil servant certificates would no longer qualify, ensuring that the technology behind the QES remains state-of-the-art.
4. eIDAS 2.0 and the EUDI Wallet: Lithuania is committed to the next generation of EU digital trust, with full readiness to implement the eIDAS 2.0 framework and the European Digital Identity (EUDI) Wallet. This will further enhance the seamless cross-border use of Lithuanian digital identities for signing documents and accessing services across the EU.
In summary, for virtually all B2B and B2C contracts, the Qualified Electronic Signature (QES) in Lithuania is a perfect legal substitute for a handwritten signature, offering the highest level of legal certainty and validity throughout the European Single Market.
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. Civil Code of the Republic of Lithuania, governing contract form and notarial requirements.
2. Regulation (EU) No 910/2014 of the European Parliament and of the Council (eIDAS Regulation).
3. The Law of the Republic of Lithuania on Electronic Identification and Trust Services for Electronic Transactions (Lietuvos Respublikos elektroninės atpažinties ir elektroninių operacijų patikimumo užtikrinimo paslaugų įstatymas).
