eSignature Legality
in Russia
Russia’s history with eSignatures started with it recognizing electronic signatures on contracts in 2011, with Federal Law of the Russian Federation No. 63-FZ “On Electronic Signature”.
Russia recognizes two types of electronic signatures within its territory:
- Electronic signature, and
- Certified electronic signature, which is called qualified electronic signature in different parts of the world.
The key point of difference between an electronic signature and a certified electronic (digital) signature is its admissibility in court. Though both are enforceable, however the certified electronic signature is given more weightage and creditability as evidence.
Key Conditions:
To be considered as a valid signature per the Russian regulations, an eSignature:
- Must be identifiable and linked to the signatory,
- Must be under the control of only the signatory in terms of signature creation data,
- Any modifications made to the electronic document after affixing eSignature must be detectable, and
- Must contain data and sufficient implication that the signatory has consented to the electronic transaction.
Use cases of electronic signature in Russia:
- 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 that cannot be e-signed in Russia:
- Any document that needs to be notarized
- Power of Attorney
- Documents concerning real estate
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 other 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.
