Electronic signatures are fully legally admissible, recognized, and encouraged in Romania. As an EU member state, Romania’s e-signature framework is robustly aligned with the eIDAS Regulation (Regulation (EU) No 910/2014), which ensures that electronic documents and signatures are legally valid and enforceable across the entire European Single Market. This compliance establishes a tiered system where the legal weight of a signature is directly correlated with its security level.
Legal Framework: The Tiered System
The legal validity of an electronic signature in Romania is determined by its classification under the eIDAS Regulation, which is implemented and expanded by national legislation, most recently the new Law No. 214/2024 on the Use of Electronic Signatures (which entered into force in October 2024, replacing the old Law No. 455/2001).
A. Core Legislation
- i. eIDAS Regulation (EU No 910/2014): Directly applicable, it guarantees that an electronic signature cannot be denied legal effect solely because it is in an electronic form.
- ii. Law No. 214/2024: This national law clarifies the legal effects of each signature type, particularly enhancing the recognition of Advanced and Simple Electronic Signatures under specific conditions.
- iii. Romanian Civil Code (Articles 1166 and 266-310): Governs the principle of contractual freedom (most contracts do not require a written form) and the admissibility of electronic evidence in court.
B. The Three Types of Electronic Signatures
| Signature Type | Description | Legal Effect in Romania (Probative Value) |
| Simple Electronic Signature (SES) | Basic data, such as a typed name, an email signature block, or a click-to-sign action. | Admissible as evidence. Generally only sufficient where the law does not require a specific written form. Law No. 214/2024 grants it the full legal effect of a handwritten signature for evidentiary purposes in specific low-value or pre-agreed transactions. |
| Advanced Electronic Signature (AdES) | Uniquely linked to the signatory, capable of identifying them, and created using means under the signatory’s sole control. | High probative value. Has the same legal effect as a handwritten signature if: 1) based on a certificate from a QTSP or a public authority, OR 2) acknowledged by the opposing party (even by fulfilling the contract), OR 3) explicitly agreed upon by the parties in a separate written document. |
| Qualified Electronic Signature (QES) | An AdES 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). | Legally equivalent to a handwritten signature (analogous to a private deed). It is the only type that automatically satisfies the legal requirement for written form (ad validitatem). |
Documents That Can Be Signed Electronically
In Romania, any document that does not require the strict formality of an authentic notarial act (Notarial Deed) can be signed electronically. The choice of signature type depends on whether the law requires the “written form” for the contract to be valid.
A. Documents Requiring QES (Mandatory Written Form for Validity)
For contracts where Romanian law requires the written form (forma scrisă, ad validitatem), a Qualified Electronic Signature (QES) (or, under the new Law 214/2024, sometimes an AdES under strict conditions) is mandatory to ensure validity:
- i. Individual Employment Contracts (IEA): The Romanian Labor Code requires the written form.
- ii. Addenda and amendments to IEAs.
- iii. Certain Intellectual Property Agreements: e.g., transfer of intellectual property rights (if the law requires the written form for validity).
- iv. Statutory Declarations/Filings: Documents submitted to public authorities like the National Trade Register Office (ONRC) or tax declarations.
B. Documents Easily Signed with SES/AdES (Written Form for Evidence)
The vast majority of commercial and consumer contracts only require a written form for evidentiary purposes (ad probationem) or no specific form at all. These can be signed with an SES or AdES:
- i. General Commercial Contracts: NDAs, service agreements, purchase orders, sales contracts, and commercial leases not subject to Land Registry notation.
- ii. Consumer Agreements: Terms and conditions, service enrollment forms, and retail account openings.
- iii. Internal Corporate Documents: Board resolutions, internal memos, and internal HR documents (excluding the IEA itself).
Documents That Cannot Be Signed Electronically (Exclusions)
Documents requiring the highest legal formality—the Authentic Form (Notarial Deed)—must be signed in a physical presence before a Romanian notary, making electronic signatures incompatible with the execution process.
- i. Real Estate Transfer: Any contract that transfers or constitutes real rights over immovable property (land, buildings) must be concluded by a Notarial Deed. This includes sale-purchase agreements for land and apartments, or the establishment of a mortgage.
- ii. Donation Agreements: Gifts of property generally require an authentic form.
- iii. Family Law: Certain agreements concerning family relations, such as prenuptial agreements or the liquidation of the matrimonial regime.
- iv. Wills: Both holographic (handwritten) and authentic wills require a specific legal form that excludes electronic signatures.
Notable Changes and Modernization of Laws
Romania has recently taken significant steps to modernize its e-signature framework, primarily through Law No. 214/2024, which became effective in October 2024.
1. Elevating Advanced and Simple Signatures: This is the most crucial change. The new law provides a clearer path for both AdES and SES to achieve the legal effect of a handwritten signature under specific, defined circumstances (e.g., if the value is low, or if the parties explicitly agree beforehand), significantly increasing the utility of non-QES solutions in the private sector.
2. E-Signatures in Employment: Government Emergency Ordinance (GEO) No. 36/2021 (subsequently integrated and further refined) specifically clarified and solidified the use of both QES and AdES for signing individual employment contracts (IEAs) and related documents, resolving a previous legislative ambiguity.
3. Mandate for Public Authorities: GEO No. 38/2020 mandates that public authorities must issue documents using a QES or Qualified Electronic Seal and are generally required to accept documents bearing an AdES or QES from the public and private sector. This drives the mandatory digitalization of the business-to-government (B2G) process.
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 No. 53/2003 – Labour Code (Codul Muncii), as subsequently amended.
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 (the eIDAS Regulation).
2. Law No. 214/2024 on the use of electronic signatures, timestamps, and the provision of trust services based on them (published in the Official Gazette on 8 July 2024, effective from 8 October 2024).
3. Law No. 287/2009 regarding the Civil Code (Codul Civil), as subsequently amended.
4. Government Emergency Ordinance (GEO) No. 36/2021 on the use of electronic signature in the field of individual employment contracts.
5. Government Emergency Ordinance (GEO) No. 38/2020 on the use of electronic documents by public authorities and institutions.
