The electronic signature has become an essential element in the digital age, simplifying administrative and business processes in Romania. This short guide explains what an electronic signature is, how it works, what the digital certificate for electronic signature entails and what practical benefits it brings to users, whether we are talking about individuals or legal entities. We will also explore the legal framework that regulates its use, with concrete examples to clarify the process.
What is an electronic signature and what role does a digital certificate play?
An electronic signature is a digital tool that allows a person to be identified and confirms the authenticity of an electronic document, having the same legal value as a handwritten signature under certain conditions. It can be generated using a digital certificate, which is an electronic file issued by a trusted service provider (also called a certification authority). The digital certificate contains information about the identity of the holder and a private-public key used for signing.
In Romania, the qualified electronic signature based on a qualified digital certificate is regulated by the EU eIDAS Regulation no. 1183/2024 and by national legislation, namely Law no. 214/2024. This guarantees that documents signed electronically with a qualified electronic signature implicitly have the same legal value as those signed in handwriting.
! Examples of use in Romania: A natural person can use the digital certificate for electronic signature to submit the single declaration to ANAF, without having to go to the counter. The same digital certificate for electronic signature can also be used for:
- CNPP (National Public Pensions House) – online account creation, access to information such as seniority, contribution periods, transfers to Pillar II and career history
- REGES-ONLINE (Employee Records Register) – online account creation, employees can view, download and print personal data from the register, having the possibility to generate an online extract certifying seniority, etc.
How can you sign electronically?
Using an electronic signature is simple, but it involves a few essential steps:
- Obtaining the digital certificate: You must purchase a digital certificate from an accredited provider in Romania, such as certSIGN. The certificate is issued and becomes available using a secure device (USB token) or in the cloud.
- Software installation: After obtaining the certificate, you install a specific program (e.g. Adobe Acrobat, dedicated applications from the provider) to sign documents electronically.
- Document signing: Open the electronic document (e.g. PDF), select the signing option, enter the token or perform cloud authentication and apply the signature. The software uses the private key from the digital certificate to generate a unique signature.
Subsequently, the authenticity of the signature can be verified using the public key associated with the certificate, ensuring that the document has not been modified.
! Examples of use in Romania: A company electronically signs contracts with customers, saving time and eliminating the need for physical meetings. The customer receives the signed contract, verifies the authenticity of the signature and signs it in turn. The same mechanism, regardless of the field of activity or the size of the company, can also be applied for signing:
- Documents with suppliers and business partners
- Internal documents, HR documents, with employees
Types of electronic signatures and their uses
There are several types of electronic signatures, according to the eIDAS Regulation:
- Simple electronic signature: A basic method, such as typing your name or placing an image of a scanned or drawn holographic signature on a digital document. It has limited legal value, but is useful for quick transactions and is suitable for common, low-risk documents (emails, online forms, etc.).
- Advanced electronic signature: Offers a higher level of security, being associated with a digital certificate. However, from a legal point of view, it must be demonstrated that the prerequisite conditions defined by law have been met and cannot be automatically validated, its use being indicated for documents that do not involve financial or any other risks.
- Qualified electronic signature: The most secure, based on a qualified digital certificate issued by an accredited authority. It is implicitly legally equivalent to a handwritten signature, guarantees the signatory’s identity through security mechanisms and is automatically validated against the EU Trusted List integrated into document processing applications. What do we sign? Important documents such as employment contracts, commercial contracts, documents used in relations with state institutions, etc.
A detailed comparative analysis of the three types of electronic signature can be found here.
! Examples of use in Romania:
- Individuals: Filing tax returns (e.g. Single Declaration, Form 112) on the ANAF platform.
- Companies: Signing contracts, invoices or other official documents, including in relations with state institutions (e.g. SICAP/SEAP for public procurement, e-Invoice/SPV for electronic invoices, MySMIS for European funds, ONRC for requests regarding the company’s activity).
- Banking sector: Approving transactions or signing credit agreements online.
Advantages and legal regulations in Romania
Using an electronic signature brings numerous benefits:
- Save time and money: Eliminates the need to print documents and minimizes the time required to sign a document, regardless of the number of signatories and their geographical location. Completely eliminates the need for travel.
- Increased security: The digital certificate ensures that the document cannot be modified without invalidating the signature.
- Accessibility: Can be used from anywhere, including through cloud solutions, without depending on a physical device.
In Romania, electronic signature is regulated by Law no. 214/2024 and the eIDAS Regulation, which establish standards for the issuance of digital certificates and the recognition of electronic signatures in the European Union. The Romanian Digital Authority (ADR) supervises digital certificate providers, ensuring compliance with legal norms.
! Examples of use in Romania: An entrepreneur uses the electronic signature to register a company with the ONRC (National Trade Register Office) directly online, without sending physical documents.
Conclusion
The digital certificate for electronic signature is an indispensable tool in Romania, facilitating digital interactions with state institutions and business partners. Based on a digital certificate, it offers security and efficiency, being regulated by clear laws, such as the eIDAS Regulation and Law no. 214/2024. Whether you are an individual filing tax returns or a company signing contracts, the electronic signature transforms and streamlines the way you work.
