The European Union Directive 1999/93/EC sought to strengthen the requirements for electronic signatures and promote e-commerce in Europe. Its provisions are incorporated in Romanian through Electronic Signature Law 2001 (“ESL”) that provides for the regulation of electronic signatures by the Romanian Ministry of Communication and Information Technology (“MICT”). The primary role of the MICT is to monitor certification service providers who provide electronic signatures and secure extended electronic signatures, which require a qualified certificate and potentially carry higher level of liability. MICT may impose sanctions, deregister service providers, and issue regulations relating to electronic signatures.

The following questions have been addressed in this article:

What is the Legal Significance of an electronic signature or an extended electronic signature in Romania?
What elements must be present for a valid qualified signature?
What requirements do CSPs have to meet?
What is the potential liability of CSPs?
How does Romanian law treat foreign CSPs?


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