The Republic of Serbia has made significant strides in digital transformation, with the legal validity of electronic signatures serving as a cornerstone of this progress. The primary goal of Serbian legislation in this area is not merely to allow electronic transactions but to establish a robust framework that aligns with the highest international standards, specifically the European Union’s eIDAS Regulation (Regulation (EU) No 910/2014).
Serbia’s governing legislation enshrines the critical concept of functional equivalence. This means that an electronic document, when properly authenticated using the highest standard of electronic signature, is deemed legally equal to its paper counterpart signed with a handwritten (“wet-ink”) signature, carrying the same legal effect and admissibility as evidence in court proceedings. This principle is vital for promoting efficiency and paperless operations across the public administration and the private sector.
However, the legal recognition of e-signatures in Serbia operates on a tiered system, directly mirroring the eIDAS model. The legal weight and evidentiary value assigned to a signature are strictly proportional to the level of security and identity verification employed in its creation. This hierarchy demands that businesses and citizens carefully select the appropriate type of electronic signature based on the legal significance and risk profile of the document being signed.
1. Legal Framework and Core Principles
The legal foundation for electronic signatures in Serbia is the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (often referred to simply as “The Law” or the “Electronic Document Law,” Official Gazette of the Republic of Serbia, No. 94/2017 and 52/2021).
A. Foundational Legal Principles
The Law is built upon two fundamental principles that guide the treatment of electronic evidence:
i. Principle of Non-Discrimination: An electronic signature or electronic document cannot be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form. This ensures that the digital nature of a document does not automatically prejudice its legal standing.
ii. Principle of Presumption of Validity (QES): The Law grants the Qualified Electronic Signature (QES) the highest status, stating unequivocally that it has the equivalent legal effect of a handwritten signature. Moreover, the authenticity of a document signed with a QES is presumed in legal proceedings, significantly shifting the burden of proof to any party challenging its validity.
B. The Three Tiers of Electronic Signatures
The Serbian legal framework clearly defines three distinct levels of electronic signature reliability:
i. Simple Electronic Signature (SES)
● Definition: An SES is the most basic form, defined as any data in electronic form that is attached to or logically associated with other electronic data and that serves as a method of authentication.
● Examples in Practice: A typical email footer containing the sender’s name, a digitized image of a signature placed on a PDF, or simply clicking an “I Accept” button in a low-risk scenario.
● Legal Weight and Risk: SES offers no inherent presumption of validity. While admissible as evidence, the party claiming the document’s authenticity (who signed it and that it hasn’t been changed) must bear the full burden of proof. Therefore, SES is only suitable for documents with low liability risk or where the law does not prescribe a written form (e.g., internal memos, low-value orders).
ii. Advanced Electronic Signature (AES)
● Definition: The AES offers a mid-level security guarantee. It must fulfil four strict technical requirements: being uniquely linked to the signatory, capable of identifying the signatory, created under the signatory’s sole control, and linked to the signed data in a way that any subsequent alteration is detectable.
● Examples in Practice: Many commercial signing platforms (e.g., Adobe Sign, DocuSign) can generate an AES by combining strong user authentication (like multi-factor login) with a robust audit trail and cryptographic linking.
● Legal Weight and Risk: An AES is admissible in court, but it does not equal a handwritten signature. Its probative value is higher than SES due to the technical requirements, yet proving its authenticity still largely falls upon the relying party unless a pre-existing contractual agreement governs its use. It’s often used for business-to-business agreements where parties trust each other’s security infrastructure.
iii. Qualified Electronic Signature (QES)
● Definition: The QES represents the gold standard. It is an AES that is secured by a qualified certificate and created by a qualified electronic signature creation device (QESCD), such as a secure smart card or USB token, issued by a Serbian-accredited Qualified Trust Service Provider (TSP).
● Examples in Practice: Used for submitting official reports to state institutions (like the Business Registers Agency), signing labor contracts, and any commercial agreement where the “written form” is a statutory requirement.
● Legal Weight and Security: The QES has the highest legal standing, equivalent to a handwritten signature. It is the only electronic signature type that satisfies mandatory “written form” requirements under Serbian law. Its presumed authenticity ensures a high degree of legal certainty and streamlined court processes.
2. Documents That Can and Cannot Be Signed Electronically
The application of e-signatures is governed by the purpose of the document and whether a special form, such as notarization or certification, is legally required.
A. Documents Generally Permitted for Electronic Signing (QES Recommended/Required)
Where the law requires a simple “written form” (but not notarization), a QES is mandatory for legal validity and to ensure admissibility in court.
| Document Type | Example Use Cases | Required Signature |
| Commercial Contracts | Employment contracts, amendments to contracts, decisions on annual leave, payslips, and internal regulations. | QES |
| Labor & HR Documents | General credit agreements, bank account opening agreements (subject to certain bank requirements), bank guarantees, and financial security agreements. | QES |
| Corporate Filings | Registration of companies, beneficial owner (UBO) registration, annual financial statements, tax returns submitted to the Tax Administration and Business Registers Agency (APR). | QES (Mandatory) |
| Financial Services | General credit agreements, bank account opening agreements (subject to certain bank requirements), bank guarantees, financial security agreements. | QES |
| Internal Documents | Board resolutions (if not requiring notarization), invoices, receipts, notices, internal policies, minutes of meetings. | SES/AES (QES for high-stakes) |
B. Documents Generally Prohibited or Highly Restricted (Mandating Paper/Notarization)
Electronic signatures, even the QES, cannot replace paper and wet-ink signatures for legal acts where a special regulation explicitly requires the document to be verified or solemnized by a notary public or another public authority. The purpose of this requirement is typically the protection of vulnerable parties, the public record, or the certainty of proprietary rights transfer.
Prohibited and Restricted Categories Include:
i. Real Estate Rights: Contracts transferring or establishing property rights to real estate (e.g., purchase agreements, mortgage creation, establishing easements). These require a public notary deed and physical signatures.
ii. Succession Law: Documents about inheritance, such as Wills and Testaments, and agreements on the distribution of assets during life or contracts for lifelong maintenance.
iii. Family Law: Agreements regulating property relationships between spouses or partners.
iv. Notarially Certified Documents: Any legal transaction that requires a signature certification (verification) or solemnization (public certification) before a notary public, such as certain high-value share purchase or share pledge agreements.
v. Negotiable Instruments: The creation of paper-based instruments like Bills of Exchange typically still requires a physical format to fulfil specific requirements for their enforceability.
3. Notable Changes and Practical Implementation
Since the adoption of the current Law in 2017, the Serbian market has experienced practical shifts driven by technological advances and regulatory clarity.
A. Distributed Issuance Model
Unlike many other countries that centralize Qualified Certificate issuance, Serbia maintains a distributed model of Qualified Trust Service Providers (TSPs). This includes governmental and commercial entities (such as the Serbian Post Office Certification Body, the Serbian Chamber of Commerce CA, and the Ministry of Internal Affairs CA). This competitive structure helps ensure accessibility and choice for citizens and businesses seeking to obtain a QES, usually in the form of a physical smart card or USB token.
B. The Introduction of Remote QES
One of the most significant and modernizing changes is the introduction of services for the remote management of a qualified electronic signature creation tool. This technological leap allows signatories to create a QES without requiring a physical token. Instead, the cryptographic private key is managed securely on a cloud-based server by the Qualified TSP, following strict security protocols. This greatly enhances the mobility and usability of the QES, making it viable for cross-city or international business travel where the physical token might be unavailable.
C. Digitalization of Public Administration
The government has successfully mandated the use of the QES for numerous e-government services. For instance, the eUprava (e-Government portal) and the APR require QES for nearly all filings, which has significantly accelerated the pace of digitalization in administrative and corporate processes.
D. Cross-Border Recognition and Practical Challenges
Despite full alignment with eIDAS standards internally, Serbia faces two lingering practical challenges:
i. Paper Preference: In practice, some local state authorities and courts may, due to institutional inertia or lack of technical capability, still prefer or insist on hard-copy, wet-signed documents, even where the QES is legally sufficient. Businesses must often confirm acceptance with the counterparty or authority in advance.
ii. Foreign QES Recognition: The Law allows for the recognition of foreign e-signatures based on international treaties or reciprocal agreements. However, since comprehensive multilateral agreements with non-EU countries are often absent, a QES issued outside of Serbia is generally not automatically considered legally equivalent to a Serbian QES. This requires international companies to either obtain a Serbian QES or rely on AES/SES backed by strong contractual agreements, which carry lower legal certainty.
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 on Electronic Document, Electronic Identification and Trust Services in Electronic Business. (“Official Gazette of the Republic of Serbia,” No. 94/2017 and 52/2021). (The principal legislation).
2. Law on Contracts and Torts. Official Gazette of the SFRY, FRY, and RS. (Governs general contract formation and form requirements).
3. Law on Public Notaries. Official Gazette of the Republic of Serbia. (Defines legal transactions requiring notarization, which constitute the exceptions to e-signature usage).
4. Regulation (EU) No 910/2014 (eIDAS Regulation). Official Journal of the European Union. (The EU standard that the Serbian legal framework is modelled upon).
