Montenegro has established a modern, three-tiered legal framework for electronic signatures, positioning itself as a leader in digital transformation within the Western Balkans. Its legislation is heavily harmonized with the European Union’s eIDAS Regulation (Regulation (EU) No. 910/2014), ensuring a high level of security, cross-border recognition, and legal certainty for digital transactions.
Overview and Legal Framework
The primary legislation governing electronic signatures and identification in Montenegro is the Law on Electronic Identification and Electronic Signature (ZEIEP), adopted in 2017 and subsequently amended to maintain alignment with EU standards. This law establishes the foundational principle of legal equivalence for electronic documents and signatures.
Key Principles and Tiers of Signatures
The ZEIEP differentiates between three types of electronic signatures based on their technological sophistication and legal effect, which is critical for determining their use and admissibility:
| Signature Type | Legal Effect & Requirements | Equivalence to Handwritten Signature |
| Simple Electronic Signature (SES) | Data in electronic form attached to other electronic data, used for authentication. | Not legally equivalent to a handwritten signature; admissible as evidence but its weight is determined by the court. |
| 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 and provides a high level of integrity. |
| Qualified Electronic Signature (QES) | An AES that is created using a qualified electronic signature creation device and is based on a qualified certificate issued by a qualified trust service provider (QTSP). | Has the same legal effect as a handwritten signature and is admissible as evidence in all proceedings. |
The Ministry of Public Administration, Digital Society, and Media is responsible for overseeing and publishing the registers of Trust Service Providers and their certificates. Furthermore, the introduction of the electronic ID card since 2020, with embedded certificates for electronic identification and QES, provides citizens with a readily available, government-issued digital signing tool.
Documents That Can Be Signed Electronically
The general rule in Montenegro is that where the law requires a “written form” for a document or contract, a Qualified Electronic Signature (QES) satisfies that requirement, making it a valid substitute for a wet-ink signature.
Documents that can be legally executed using a QES include:
i. Commercial Contracts (B2B/B2C): All standard contracts such as sales agreements, service contracts, supply agreements, non-disclosure agreements (NDAs), cooperation agreements, and distribution agreements.
ii. Administrative and Judicial Filings: Documents submitted to state bodies, local self-government bodies, public administrations, and in court proceedings, provided they are signed with a QES.
iii. Employment and HR Documents: Employment contracts and internal labor acts, as the QES fulfills the written form requirement.
iv. Banking and Finance (General): While some regulated activities have higher requirements (see exclusions), many agreements, invoices, and payment instructions can be electronically signed.
v. General Corporate Documents: Internal resolutions, non-notarized powers of attorney, and filings with the Central Register of Business Entities.
vi. Electronic Communication: The Law on Electronic Commerce explicitly states that an agreement cannot be contested for validity simply because it is in an electronic form, provided the signature requirements (QES) are met.
Documents That Cannot Be Signed Electronically (Exclusions)
Despite the broad recognition of the QES, Montenegrin law, similar to other civil law jurisdictions, maintains specific exceptions where the highest formal requirements, often involving a notary public, cannot be satisfied solely by an electronic signature. These exceptions are primarily outlined in the Law on Electronic Commerce and other specific regulations:
1. Agreements Requiring Notarial Deed: Contracts that, by law, must be drawn up in the form of a notarial deed and solemnized by a notary public are excluded. This often includes:
- i. Real Estate Transfer Agreements: Contracts related to the transfer of real estate or other legal transactions governing real property rights (excluding leases).
- ii. Agreements to Establish Companies or Transfer Shares: Certain foundational corporate documents that require mandatory prescribed form and notarial solemnization.
2. Surety/Guarantee Agreements (Non-Professional): Surety agreements where the surety (guarantor) is a person acting outside of their trade, business, or professional activity (i.e., a private individual guaranteeing a debt).
3. Gift Contracts: Due to the high potential for legal disputes and the requirement for specific solemnity.
4. Regulated Industry Conflicts: Laws governing specific industries often impose stricter formal requirements that may conflict with the electronic signature law. Examples include:
- i.Banking: The Law on Prevention of Money Laundering and Terrorism Financing traditionally required face-to-face contact for processes like bank account opening (Know Your Customer/KYC), though remote identification is being increasingly implemented.
- ii. Consumer Loans: The Law on Consumer Loans requires a written loan contract, which, while satisfied by QES, sometimes leads to conservative interpretations requiring a wet-ink signature until case law is established.
Notable Changes and Alignment with EU Standards
Montenegro’s journey toward digital legality is a continuous process of aligning its laws with the EU acquis, most notably the eIDAS Regulation.
1. Harmonization with eIDAS: The ZEIEP is substantially harmonized with eIDAS, particularly in defining the three tiers of signatures (SES, AES, QES) and mandating that a QES has the full legal effect of a handwritten signature. This critical step facilitates cross-border interoperability with the EU.
2. The Electronic ID Card (e-ID): The introduction of the new electronic ID card since 2020, with embedded QES functionality, was a monumental step. It effectively provides every citizen with a secure digital identity and signature tool, significantly boosting the potential for e-Government and e-Commerce.
3. Focus on Western Balkans Integration: Montenegro is actively involved in regional efforts to implement the Common Regional Market Action Plan, which includes the mutual recognition of eIDs and Trust Services among Western Balkan economies. This is driven by the goal of better integration into the pan-European market.
4. The Future: eIDAS 2.0 and EUDI Wallet: As the EU moves towards the revised eIDAS 2.0 framework and the mandatory European Digital Identity (EUDI) Wallet, Montenegro is participating in regional discussions and training (e.g., via the Regional School of Public Administration – ReSPA) to prepare for the necessary legal and technical alignment. This forward-looking approach ensures that Montenegrin citizens’ and businesses’ digital identities will remain recognized and usable across Europe.
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. Legal analysis published by the Ministry of Public Administration, Digital Society and Media of Montenegro (Vlada Crne Gore).
2. Law on Electronic Identification and Electronic Signature (ZEIEP), Official Gazette of Montenegro.
3. Law on Electronic Commerce (ZET), Official Gazette of Montenegro.
4. Regulation (EU) No. 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
5. Montenegro 2023 Report by the European Commission (SWD(2023) 694 final), addressing alignment with the EU acquis in the digital sector.
