Law on electronic signature and electronic document is part of the process for the integration of Moldavian laws with the legal framework of the European Union. As part of bringing Moldovan legislation in line with European legislation, this document lays the foundation for the application of the Directive number 1999/9 /EU of the European Parliament and of the European Council from 13.12.1999 regarding the legal basis of regulation of electronic signatures, published in the Official Journal of the European Communities Nr. 13 from 19.01.2000.
I. The acknowledgement of electronic signatures and electronic documents outside the territory of the Republic of Moldova is regulated by international treaties to which Republic of Moldova is part of. If there is an international agreement the Republic of Moldova is a part of and it established other provisions than those provided by the present Law, the provisions of international treaties are applied.
II. The law establishes the following types of electronic signatures:
a) simple electronic signature;
b) enhanced unqualified electronic signature;
c) enhanced qualified electronic signature.
Enhanced qualified electronic signature has the same legal effect as a handwritten signature.
Authentication of electronic signatures is performed using a device for digital signatures verification and/or electronic signature products, using the data for electronic signature verification.
III. The electronic document can be used by individuals and legal entities in all spheres of activity in which there are used various software and hardware applied and allows capturing, processing, sending, receiving, storing, modifying and/or deleting any information in electronic form. The electronic document can be used to send information, for correspondence purposes, in the frame of legal actions, as well as documents that contain economical data.
The electronic document is organized in accordance with the provisions of law and the rules established by the owner of the electronic document management system, as well as according to the agreements concluded between subjects of electronic document.
Various intermediaries can participate in the organization and implementation of the electronic document in accordance with the provisions of law and with the rules established by the owner of the electronic document management system.
IV. The competent authority responsible for the development and implementation of public policies, and control of the use of all types of electronic signatures is the Information and Security Service.
Public-key certificates, issued on the basis of the Law on Electronic Document and Digital Signature nr. 264-XV of 15 July 2004, are valid until their expiry date.
V. Electronic signature, regardless of the existing level of protection, has legal implications and can be used as evidence in various legal procedures, including in juridical process.
Enhanced qualified electronic signature has the same legal effect as a handwritten signature.
The procedure for the use of electronic signatures by officials of legal entities of public law is established by the Government. Legal persons of private law establish the order of application of electronic signatures by their representatives independently.
The full text of the law is available at the following address:
Law on Electronic Document and Electronic Signature № 91 от 29.05.2014. Published in Monitorul Oficial 174-177/397, 04.07.2014.
This Law becomes operative six months after the date of publication (04.01.2015).
On the day the present Law becomes operative, the Law on Electronic Document and Digital Signature № 264-XV from 15 july, 2004 will be abolished.
The provisions of subsection (1) of Article 5, regarding legal proceedings, shall become operative on 1 January 2016.
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