Law no. 214/2024 brings a revolution to the Romanian legal landscape, providing clarity and flexibility in the use of electronic signatures. Here are the key aspects you need to know:
- Three types of electronic signatures: qualified, advanced, and simple, each with its own level of security and legal effects.
- Qualified electronic signature: the undisputed queen, equivalent to handwritten signatures and usable for any type of legal act, including authentic deeds.
- Advanced electronic signature: a flexible solution for many situations, with effects similar to handwritten signatures under certain conditions.
- Simple electronic signature: useful for low-value transactions or between professionals, with recognized legal effects in certain circumstances.
- Recognition and agreement of parties: powerful tools for validating electronic signatures, reflecting the importance of parties’ will in the digital era.
- Special rules for professionals: increased flexibility in using electronic signatures and in evidence.
This law marks an important step in the digitalization of Romanian law, providing a modern framework adapted to current economic realities. Legal professionals must be prepared to navigate this new legal landscape, understanding the nuances and implications of each type of electronic signature.
Law no. 214/2024 brings a revolution to the Romanian legal landscape, providing clarity and flexibility in the use of electronic signatures. Here are the main aspects and points of attention:
- Three types of electronic signatures:
- Qualified: highest level of security
- Advanced: intermediate level
- Simple: basic level Each type has its own level of security and specific legal effects.
- Qualified electronic signature:
- Equivalent to handwritten signature
- Usable for any type of legal act, including authentic deeds
- The only one accepted for authentic deeds in electronic form
- Advanced electronic signature:
- Similar effects to handwritten signature under certain conditions
- Usable for acts ad validitatem in specific cases (e.g., when created with a certificate issued by a public authority)
- Attention to special conditions for recognition of legal effects!
- Simple electronic signature:
- Useful for low-value transactions (below half the gross minimum wage)
- Recognized between professionals under certain conditions
- Caution regarding limitations of use in relation to consumers!
- New features and key points:
- Express recognition of the legal effects of simple electronic signatures
- Possibility to agree on the use of electronic signatures by convention between parties
- Special rules of evidence in relations with professionals (Art. 4 para. 10)
- Points to watch:
- Differences in legal effects between types of signatures
- Specific conditions for recognizing the effects of advanced and simple signatures
- Limitations in using simple signatures in consumer relations
- Need for separate agreements for using certain types of signatures
- Practical implications:
- Careful evaluation of the type of signature required for each type of legal act
- Revision of internal procedures for companies and institutions
- Increased potential for digitalization of legal and administrative processes
This law marks an important step in the digitalization of Romanian law, providing a modern framework adapted to current economic realities. Legal professionals must be prepared to navigate this new legal landscape, understanding the nuances and implications of each type of electronic signature. A careful analysis of each situation is essential to choose the appropriate type of electronic signature and to ensure the validity and effectiveness of legal acts in the digital era.
Digital Signature – A Gateway to the Digital Future of Governance
- Accelerating the digitalization of government services: The widespread adoption of electronic signatures paves the way for a complete digital transformation of government services. This robust legal framework allows for the development of integrated platforms that can provide citizens with quick and efficient access to a wide range of public services, from document issuance to tax management.
- The potential of artificial intelligence in the governmental cloud: With the implementation of the necessary infrastructure for electronic signatures, the premises are created for integrating artificial intelligence systems into the governmental cloud. These systems could automate request processing, document verification, and even routine administrative decision-making, thus increasing efficiency and reducing waiting times for citizens.
- Cybersecurity challenges: However, accelerated digitalization and the adoption of advanced technologies also bring significant challenges in the field of cybersecurity. It is crucial to implement robust data protection measures and develop advanced security protocols to protect the integrity of electronic signatures and sensitive citizen information.
- Ethical considerations in the use of machine learning: The integration of artificial intelligence into government services raises important ethical questions. It is essential to establish clear ethical frameworks for the use of machine learning algorithms in administrative decision-making processes, ensuring transparency, fairness, and accountability in the use of these technologies.
- The need for an adapted legal and ethical framework: As technology advances, there will be a need for continuous review and adaptation of the legal and ethical framework to keep pace with new technological realities. This process should involve not only legal and technical experts but also ethicists and civil society representatives.
- Education and continuous training: To maximize the benefits of this digital transformation, it is essential to educate both public officials and citizens on the correct and safe use of electronic signatures and digital government services.
In conclusion, the adoption of electronic signatures represents not just an important step in the digitalization of public administration, but also an opportunity to completely reimagine the interaction between the state and citizens. With a balanced approach that combines technological innovation with security and ethical considerations, Romania has the potential to become a regional leader in digital governance, offering its citizens modern, efficient public services centered on their needs.