Electronic signature in Serbia is regulated by the Law on Electronic Document, Electronic Identification, and Trust Services in Electronic Transactions. Serbian law aligns with EU eIDAS Regulation (Regulation (EU) No 910/2014), by which a framework for electronic signatures across the EU is established.
The use of electronic signatures in Serbia is on the rise, given the business ecosystem’s need for greater speed and simplicity in undertaking certain actions and concluding business partnerships. Those are only some of the benefits of using electronic signature in everyday business operations, but is it the case that every document can be signed via electronic signature?
Surely, most of the documents, agreements are valid when signed via electronic signatures of both parties, but there are some cases, exceptions when such signature cannot be used. Moreover, there are different types of electronic signature in Serbia which differ by their level of security.
In following lines, we are going to describe all differences between different types of electronic signature and emphasize all important information you need to know regarding electronic signature in Serbia.
What is a qualified electronic signature?
Electronic signature, or e-signature is a set of data in electronic form that is attached to or logically associated with other (signed) data in electronic form, thereby confirming the integrity of the data and the identity of the signer. Thus, electronic signature is actually a set of data verifying the content of the document and identity of the person who signed such document.
Such e-signature as well as regular signature is actually a signature of an individual, even if a party signing a document is for example a legal entity. Like in case of a regular signature, in this case also, such document is signed by a legal representative, director of such legal entity, just by using electronic signature. In that sense, electronic signature can be obtained only by individuals and not by legal entities.
However, (basic) electronic signature provides the lowest level of legal security, as unlike the other two types of electronic signature, which we will mention below.
Use of electronic signature in Serbia in practice
Electronic signature in Serbia has a very broad application, facilitating and accelerating numerous business processes, and has practically become essential for anyone who is starting a business in Serbia.
Some of the most common cases in which electronic signature is used in Serbia are listed below. However, in text below we will explain further when it is obligatory to use specific type of electronic signature.
Therefore, these are cases when electronic signature can be used:
Services provided by eUprava (eAdministration)
Those services include different types of services which can be done online using electronic signature. As we will explain below – for this type of services specific type of electronic signature is used, i.e. a qualified electronic signature. This option enables individuals to obtain some certificates online, without going physically to the offices of authorities, which, we can agree, saves a lot of time and eases the process. Some of the services which can be provided via portal of eUprava are:
- eCertificate from the registries of birth, marriages or death;
- eCertificate of (non-)conviction, i.e. police certificate of non-conviction – this service is for Serbian citizens of the Republic of Serbia who possess a qualified electronic certificate. In most cases, this certificate is requested by citizens who do not possess the required electronic certificate and for usage of this document in foreign country. In this case, police certificate of non-conviction can be obtained via proxy and it is important to check whether apostille in Serbia should be obtained on this certificate;
- Foreigners’ residence registration or so-called white paper in Serbia, which is necessary in order to obtain residence permit in Serbia;
- eCertificate of citizenship of Serbia.
Types of electronic signatures in Serbia
Different types of electronic signatures in accordance with Serbian law are:
- regular electronic signature;
- advanced electronic signature;
- qualified electronic signature.
The type of electronic signature you will need depends on the action you wish to undertake, as one of the listed types will be required. They also differ in the level of security they provide in legal transactions.
Regular electronic signature
Regular electronic signature is a set of data in electronic form that is attached to or logically associated with other (signed) electronic data, thereby confirming the integrity of that data and the identity of the signer. This type of electronic signature has the lowest level of legal security in legal transactions.
Regular electronic signature in Serbia is often used in some simple (legal) transactions, having in mind that it represents the simplest form of electronic signature. Such signature can be created in some programs, such as “Paint”, or some other similar applications. It can be used in everyday communication when it is convenient when speed is required.
However, such signature cannot replace handwritten signature nor it can be used in some situations which require higher level of legal security.
Advanced electronic signature
An advanced electronic signature is an electronic signature that meets additional requirements to ensure a higher level of reliability in confirming the integrity of data and the identity of the signer. Therefore, this type of signature provides a higher level of security than a regular electronic signature. In that sense, it can be used in some more complex transactions such as signing business agreements, when you want to achieve high level of security.
This is crucial since, when you sign a document with an advance electronic signature, its content cannot be changed afterwards. An advanced electronic signature can be created using specific software such as DocuSign or AdobeSign.
Qualified electronic signature
Last type of electronic signature – a qualified electronic signature is a special type of advanced electronic signature. A qualified electronic signature in Serbia is:
- created using a qualified electronic signature creation device,
- based on a qualified certificate for electronic signatures, and
- issued by a qualified trust service provider.
The law provides special treatment for the qualified electronic signature and in that way states that a qualified electronic signature has the same legal effect as a handwritten signature. That means that if you signed some document using a qualified electronic signature it shall be considered as if you have signed it with your own hand.
Not only that, the law prescribes that a qualified electronic signature can replace the need for a handwritten signature authentication, if that is prescribed by law. In that situation, when you sign documents using qualified electronic signature it shall be considered as if you have signed such document by hand and notarized your signature within the public notary.
This benefit and possibility are very important in the process of signing documents when establishing a company in Serbia. Namely if Articles of association are prepared in electronic form, it is enough that founders sign it by using a qualified electronic signature, in which case there is no need to go to the public notary to notarize a handwritten signature of founders.
Difference between regular, electronic and qualified electronic signature in Serbia
Differences between above mentioned types of electronic signatures are:
- the manner of obtaining/creating signature – qualified electronic signature can be obtained only via certified service providers;
- the costs of obtaining electronic signatures – while for the regular electronic signature and advanced electronic signature there are no costs for creating them, for getting qualified electronic signature in Serbia you will be obliged to pay administrative fee;
- different level of legal security – as mentioned qualified electronic signature provides highest level of legal security and thus only this type can be used for some legal transactions;
- different manner of usage of the signatures – while regular electronic signature can be used and created by using apps like “Paint”, advanced electronic signature can be used via DocuSign and for usage of a qualified electronic signature you will need smart card readers and USB tokens or you will be able to use it via cloud.
How to obtain electronic signature in Serbia
The process of obtaining a qualified electronic signature in Serbia may vary depending on fact in front of which service provider you submit the request.
As mentioned above, qualified electronic signature must be issued by a qualified trust service provider, i.e. by:
- ESS Certification Authority
These bodies are responsible for issuing qualified certificates that enable the use of qualified electronic certificate. The choice of certification body for a qualified electronic signature depends on the specific needs and intended use of the signature. Also, the price of qualified electronic signature in Serbia varies depending on terms and conditions by service providers.
As for the documents needed to submit the request for issuance of qualified electronic signature, it will be enough to submit the copy of the passport and pay administrative fee. Once the qualified electronic certificate in Serbia is done, you will need to come personally for take over. However, the whole procedure is not time consuming and attorney from Belgrade can assist you with obtaining the certificate.
Which documents cannot be signed electronically?
Although it is unquestionable that a qualified electronic signature provides a high level of security and legal validity, there are some types of transactions which cannot be done using qualified electronic certificate, but require other specific form of authorization.
This is, for example, situation when concluding a sale and purchase agreement on real estate. In this case it is not possible to sign such agreement using qualified electronic signature issued in Serbia, since by Serbian regulation it is necessary for such agreement to be solemnized, which represents a special type of authentication performed by an authorized public notary.
Also, when concluding certain agreements or issuing certain statements in area of inheritance and family law, such as:
- contract for the assignment and distribution of assets during life,
- contract for lifelong maintenance,
- statements by parties in probate proceedings,
it is not possible to sign them using a qualified electronic signature. Therefore, even if the usage of a qualified electronic signature is widespread, it is necessary to check whether certain legal transaction/action can be done by it.
Further, it is quite common question in practice whether some employment documents can be signed electronically.
Unfortunately, there is a discrepancy in the Serbian labour law on this issue, which means that, for example, an employment agreement must be signed in paper form by employer and employee. This is also the case for other documents, such as annexes, decisions of the employer, decision on termination of employment relationship, since Serbian Labor law prescribes specific procedures for these actions. In order to be sure whether you are compliant with employment regulations it is the most efficient to engage a Serbian employment attorney at law, who will navigate you through those complexities.
Which documents can be signed electronically?
The most common area in which documents are signed electronically definitely includes agreements on business cooperation. Since we are all aware that the speed of taking actions is crucial in today’s business world, it is especially convenient to use the possibility to sign such agreements electronically and exchange it via email.
Therefore, those are situations in which electronic signature can be used in order to ease the process:
- signing agreement on business cooperation;
- signing distribution agreements;
- submitting requests via eUprava for obtaining different types of certificate;
- obtaining White paper.
Which documents require electronic signature
Qualified electronic signature is obligatory to use when submitting financial statements to the Serbian Business Registers Agency.
Also, after opening a company in Serbia it is necessary to do the registration of beneficial owners of the company which shall be done via qualified electronic signature.
FAQ about e-signatures in Serbia
Costs of obtaining electronic signature depends from the chosen service provider.
It is not a time-consuming procedure, usually up to two business days, but as we emphasized, the owner of qualified electronic signature must personally retrieve it.
Conclusion on regulations and uses of electronic signatures in Serbia
As explained in this text, electronic signature can be used in various situations, but it is important to use a right type of electronic signature for specific legal transaction. Qualified electronic signature provides the highest level of legal security and it is equal with handwritten signature.
The procedure of obtaining qualified electronic signature can be conducted by proxy, meaning that the request for issuance of electronic certificate can be submitted even if you are not in Serbia. However, as noted, you must be personally present to take over the certificate.
NCR lawyers law firm provides full legal assistance in obtaining qualified electronic signature, make this process smooth and easy for our clients. For any questions or concerns regarding obtaining and using e-signatures in Serbia, the expert legal team at NCR Lawyers is at your disposal.
This article is for informational purposes only and does not constitute legal advice. If you need additional information regarding the topic in question, please feel free to contact us by email at office@ncrlawyers.com or by phone at +381677049551.
