eSignature Legality
in Belarus
Electronic Digital Signatures are not commonly used in Belarus, but are well accepted within the business community, especially for e-commerce and for international business transactions.
At present, Belarus recognizes the use of Electronic Digital Signatures, under Law of 08.11.2018 No. 143-З “On Amendments and Addenda to the Law of the Republic of Belarus “On Electronic Document and Electronic Digital Signature ”.
At present, Belarus recognizes the use of Electronic Digital Signatures, under Law of 08.11.2018 No. 143-З “On Amendments and Addenda to the Law of the Republic of Belarus “On Electronic Document and Electronic Digital Signature ”.
Electronic digital signature, in accordance with Belarusian legislation, is an analogue of a handwritten signature and can be used as an analogue of an imprint of a seal or stamp. is intended for:
- certification of information that constitutes the common part of an electronic document;
- confirmation of the integrity and authenticity of the electronic document.
Certification of information, which constitutes the common part of an electronic document, is carried out through the use of certified electronic digital signatures using the personal keys of the persons signing the electronic document. Confirmation of the same integrity and authenticity electronic document – through the use of certified electronic digital signatures using the public keys of the persons who signed the electronic document.
To ensure that all interested organizations and individuals can obtain information about public keys and their owners, state system public key management (GosSUOK) , which is a system of interconnected and accredited certification centers and registration centers. The powers to regulate in the sphere of the functioning of the GosSUOK are exercised by the Operational and Analytical Center under the President of the Republic of Belarus (OAC)
Documents than can be eSigned in Belarus:
- Commercial agreements between corporate entities
- NDAs
- Procurement documents
- Sales agreements
- Consumer agreements
- Purchase and sales contracts
The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.
Documents than cannot be eSigned in Belarus:
- Documents requiring notarization
- Mortgage documents
- Agreements related to transfer of property
- Marriage licenses
DISCLAIMER
Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
