Romania has a modern electronic signature law, 10 years after the one adopted at EU level ANIS: We hope that the pace at which Romania will modernize will be more alert in the future

More than 10 years after the adoption by the European Union of European Regulation 910/2014 which regulates “electronic identification and trust services for electronic transactions”, Romania legislates its use on a large scale, after the Chamber of Deputies, decision-making chamber, adopted today the Law on the use and provision of trust services, known as popular as electronic signature.

Thus, Romanian citizens and companies will have easier access to digital services and products, both in interaction with state institutions and in the private environment.

Edward Crețescu, President of ANIS: “The final result of the vote, the fact that Romanian citizens and companies will be able to use the electronic signature in any situation, either in relation to the Romanian state or for private commercial relations, is crucial for the development of Romania. But the way we got here, 10 years after the adoption of the European legislation and after intense efforts made by us and the other employers’ organizations to adapt the local legislation, an effort lasting more than 7 years, proves that we still have an apparatus of not at all agile state, and we express our hope that, in the next legislative reforms that Romania will need in order to make the final step towards a modern, digital and secure Romania, we will be faster. We once again welcome the vote, after a sustained effort over several years, because it is a crowning of the efforts of civil society and employers’ organizations in the dialogue with the Government of Romania.”

ANIS, the Employers’ Association of the Software and Services Industry, together with the Concordia Employers’ Confederation, has permanently supported the need for digitization for a more modern Romania, more aligned with European standards and requested, over the last years, during the adaptation process of EU legislation:

● Modernizing the legislative framework regarding the use of electronic signatures and harmonizing national legislation with European Regulation no. 910/2014 on electronic identification and trust services (“eIDAS Regulation”) for alignment with European standards.

● Clarification of the differentiation between the types of electronic signatures (qualified, advanced or simple) in relation to the classification of legal documents, according to their content and according to their importance. The democratization of the use of electronic signatures is one of the important points in everything that means access to digital services.

● De-bureaucratization and digitization by facilitating citizens’ access to digital services provided by both the public and private sectors. The steps undertaken by ANIS were aimed at aligning with European legislation on electronic signatures, which should ensure a safer, faster and more efficient electronic interaction. In many situations, using a simple electronic signature (for example, scanning a signature and attaching the resulting image to an electronic document) is the most convenient way to sign electronically; in the situation where the verification of the identity of the signatory and the informational content of the electronic document is important, then advanced electronic signatures can be used.

The qualified electronic signature meets the same requirements as the advanced electronic signature (“(a) refers exclusively to the signer, (b) enables identification of the signer, (c) is created using electronic signature creation data that the signer can use, with a level highly trusted, solely under its control and (d) is linked to the data used to sign such that any subsequent modification of the data can be detected”) but, in addition, is created by a qualified signature creation device and is based on a qualified certificate for electronic signatures issued by a qualified trust service provider.