Types of electronic signatures:

The major difference between these types of electronic signatures relies on their binding character (in relation to the level of trust offered by each type signature)

Simple electronic signature

• Represents data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign (article 3 point 10 of the Regulation);
• Examples: drawing one’s name with the mouse on a PDF document, copy-pasting an image of a hand-written signature in a document etc;

Advanced electronic signature

• Pursuant to article 26 of the Regulation, the signature needs to meet 4 requirements:
  • it is uniquely linked to the signatory party; 
  • it is capable of identifying the signatory party;
  • it is created using electronic signature creation data that the signatory can, with a high level of confidence, being under his sole control; and 
  • it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable. 
• The advanced electronic signature uses a software which must ensure the impossibility to further alter the document and must ensure the fact that the signatory is the person that actually signed the document.

Qualified electronic signature

• It is an advanced electronic signature that is created by a qualified electronic signature device, and which is based on a qualified certificate for electronic signatures (article 3 point 12 of the Regulation);
• The qualified electronic signature is issued solely on the basis of qualified certificate, by a qualified trust service provider;
• The list of such providers recognized in Romania can be found here: https://webgate.ec.europa.eu/tl-browser/#/tl/RO

Obligations of the public authorities and institutions:

The obligation to receive documents bearing electronic signatures

• The authorities/institutions will set up platforms that can be used by applicants for the submission of their electronic documents;
• Alternatively, the authorities/institutions will receive the documents via electronic mail;
• The GEO also regulates the obligation of authorities/institutions to reply to the applicants, in turn, with electronically signed documents.

The obligation to use a qualified electronic signature

• With the exception of internal documents, the documents issued by public authorities/institutions will bear a qualified electronic signature;
• By means of the GEO no. 39/2020, the Special Telecommunications Service is authorized as a qualified trust service provider solely for the authorized personnel from these public authorities or institutions;
• The documents signed in this manner will be assimilated to the authentic deeds.

The obligation to determine the type of electronic signature to be used on the documents

• Within 15 days as of the date of entry into force of the GEO, the authorities/institutions will have to publish the type of electronic signature the entity is willing to accept for the submitted documents;
• By way of example, we mention that the National Trade Registry published on its website that it only accepts qualified electronic signatures (with the exception of InfoCert services); the Ministry of Economy, for the emergency state certificates, requires solely a qualified electronic signature;
• The documents signed with an advanced electronic signature will be assimilated to private deeds.

Procedure for obtaining a qualified certificate:

The procedure is different from one provider to another:

• The applicant must submit a filled-in form;
• The provider will further inform the applicant about the necessary documents to be submitted (by way of example, we mention: the signed contract between the applicant and the provider, a copy of the identity card of the applicant, a Trade Registry certificate in the case of legal persons etc.);
• After processing the documents, a USB stick/token with the qualified certificate will be transmitted to the applicant either in person or via mail post.