In Serbia, the Law on Electronic Document, Electronic Identification, and Trust Services in Electronic Business (Official Gazette of Republic of Serbia no. 94/2017 and 52/2021) (hereinafter referred as “the Law”) regulates electronic signatures in the Republic of Serbia.
The Law distinguishes between three types of electronic signatures (the “simple” electronic signature, the advanced electronic signature, and the qualified electronic signature), and it further states under Article 49 that an electronic signature cannot be denied legal effect or admissibility as evidence in court of law simply because it is in electronic form or does not adhere to the qualifications for a qualified electronic signature which expressly has the same legal effect as a handwritten signature.
In terms of evidential validity, the burden of proof for establishing the authenticity of an electronic signature lies with the party claiming it, whether it be a “simple” electronic signature (SES) or an advanced electronic signature (AES). However, the authenticity of a qualified electronic signature (QES) is presumed.
The Law expressly states under Article 6 that, as long as the data in an electronic form is accessible and suitable for subsequent reference, it shall be considered equivalent to that data in its written form.
Types of electronic signatures in Republic of Serbia
- Electronic signature: An electronic signature means set of data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign; [Article 3(18) of Law on Electronic Document, Electronic Identification, and Trust Services in Electronic Business]
- Advanced Electronic Signature: An advanced electronic signature means an electronic signature which meets the requirements laid down in this Law that refer to an advanced electronic signature; [Article 3(28) of Law on Electronic Document, Electronic Identification, and Trust Services in Electronic Business]
- Qualified Electronic signature: A qualified electronic signature means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified electronic signature certificate; [Article 3(29) of Law on Electronic Document, Electronic Identification, and Trust Services in Electronic Business]