The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
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The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
Electronic signatures have revolutionized the way we authenticate documents, making finalizing agreements more efficient in Lithuania and worldwide. These digital tools enable quick and eco-friendly signing, reducing paper use and accelerating the pace of business transactions. However, understanding the critical considerations for implementing electronic signatures within Lithuania is vital.
Entities and individuals must select an electronic signature solution that adheres to Lithuanian laws, particularly the Law on Electronic Identification and Trust Services for Electronic Transactions [2018]. This legislation recognizes electronic signatures’ as equivalent to traditional pen and-paper signatures. Yet, it’s important to remember that some documents may still necessitate a physical signature, and legal stipulations may differ across regions; thus, consulting with a legal expert is advisable.
The security of the electronic signature process is essential. The chosen service must provide vital security features, such as encryption, authentication measures, and detailed audit logs, to prevent unauthorized use and ensure document integrity. Services like BoldSign have been crafted to offer these security guarantees and meet compliance and security requirements.
In conclusion, while electronic signatures bring numerous benefits and enjoy broad acceptance, it is crucial to follow legal guidelines, prioritize security, and select an intuitive platform for their effective use in Lithuania.
As defined by the Law on Electronic Identification and Trust Services for Electronic Transactions (2018), an electronic signature is a set of electronic data that is attached to, incorporated with, or logically associated with other electronic data. It is used to verify the purported author’s identity. Such signatures are legally binding. For most documents, the signatures must be securely linked to the signatory and protected against tampering or fraud. Meeting these requirements ensures that electronic signatures hold the same legal weight as handwritten ones.
Electronic signatures are considered just as valid as traditional wet-ink signatures; however, their use is subject to specific regulations spelt out in:
The regulation categorizes the signatures into two categories:
A Standard Electronic Signature refers to any data either incorporated, linked, or logically connected with additional data to verify the authenticity of that additional data and establish the identity of the individual signing.
Advanced Electronic Signature is an electronic signature that meets the following conditions:
An advanced electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods that only the signer can access, like a private key and confidential info, to verify their identity.
The person using the advanced electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent unauthorized signature forgery.
The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a Personal Identification Number (PIN), an email address or even a company registration number.
It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and place of signature.
Qualified Electronic Signature is an advanced electronic signature that is generated using a certified device for creating electronic signatures and relies on an accredited certificate specific to electronic signatures. Article 323 of the eIDAS sets out a validation set of standards to be met by the one for a qualified eSignature. These are:
Law on Electronic Identification and Trust Services for Electronic Transactions [2018] No Xiii-1120
and Regulation (E.U) No. 910/2014
| Type of signature | Unique features | Validity standard |
|---|---|---|
| Standard Electronic Signature | N/A | Bears the validity of a handwritten signature subject to prior written agreement on its use by the signatories. |
| Secure Electronic Signatures |
|
|
| Qualified Electronic Signature |
|
Bear the validity of a handwritten signature unless proven otherwise. |
Trusted List (Trust Service Providers)
Subject to Article 22 of the eIDAS4 , the Communications Regulation Commission (CRC) reserves the duty and obligation to establish, maintain and publish list of trust service providers. The Trusted List maintains records of all accredited trust service providers operating within Lithuania, along with the trust services they offer. Upon request, trust service providers that are not accredited may also be included in the Trusted List.
The active accredited trust service providers are5:
Stay updated with the list by frequently reviewing the active trust service providers for each individual country within the European Union (eIDAS Dashboard (europa.eu)).
Electronic signatures are given statutory validity subject to a set of conditions.Article 5 of the law on Electronic Identification and Trust Services for Electronic Transactions Law6 as read with Article 25 of the eIDAS7, grants qualified electronic signatures the same legal validity granted to wet-ink signatures (on the same breath where use of electronic signature other than a Q.E.S has been agreed upon in writing, the same shall be deemed to bear the validity of a handwritten signature8) as such electronic signatures are deemed valid to be used in all documents.
While Lithuanian legislation seems to afford electronic signatures considerable legitimacy, it is important to acknowledge that regulations governing notarial acts mandate in-person signing9. Consequently, the following documents cannot be executed with electronic signatures:
| Permissible transactions | Exempted transactions |
|---|---|
|
All documents not requiring the use of notaries or such acts. |
|
To guarantee the legitimacy of an electronic signature, it is recommended to adhere to the following best practices while also ensuring compliance with all relevant legal obligations:
In the case of Tel Aviv Peace Court Civil Case 29488/04 as read with Case No. 2A– 95/2006, the preciding judged undersored the validity of a typed name in an email adress as an indication of ones intention to be bound by contents of the said email and a valid form of standard electronic signature.
The following elements of compliance available within BoldSign can be used to comply with Lithuanian eSignature laws:
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Sync Fusion provides this material on an “as-is” basis. Sync Fusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations and warranties, whether express, implied or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy or currentness of this information.
Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys’ accountants or agents will not have any liability in any form.
1Law on Electronic Identification and Trust Services for Electronic Transactions [2018] No Xiii-1120 – https://e-seimas.lrs.lt/portal/legalAct/en/TAD/c5174772ecd011e89d4ad92e8434e309
22Electronic Identification and Trust Services for Electronic Transactions Law [2018] No Xiii-1120 ( https://e-seimas.lrs.lt/portal/legalAct/en/TAD/c5174772ecd011e89d4ad92e8434e309#:~:text=The%20purpose%20of%20the%20Law,
the%20users%20of%20these%20services. )
3Electronic Identification and Trust Services Regulation 910/2014. Art. 32
4Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification
and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC. Art 22
(http://data.europa.eu/eli/reg/2014/910/oj)
5 European Commission (eIDAS Dashboard) “Trusted List Lithuania – Trust Service Provider <
https://eidas.ec.europa.eu/efda/tl-browser/#/screen/tl/LT > Accessed on 23rd April 2024
66 Electronic Identification and Trust Services for Electronic Transactions Law [2018] No Xiii-1120. Art 5 (4) ( https://e-seimas.lrs.lt/portal/legalAct/en/TAD/c5174772ecd011e89d4ad92e8434e309#:~:text=The%20purpose%20of%20the%20Law,
the%20users%20of%20these%20services. )
7
Regulation (Eu) No 910/2014 Of The European Parliament And Of The Council, S. 4, Art. 25 [ https://eur-lex.europa.eu/eli/reg/2014/910/oj ]
8
Electronic Identification and Trust Services for Electronic Transactions Law [2018] No Xiii-1120 Art. 5 (1) ( https://e-seimas.lrs.lt/portal/legalAct/en/TAD/c5174772ecd011e89d4ad92e8434e309#:~:text=The%20purpose%20of%20the%20Law,
the%20users%20of%20these%20services. )
9
Republic of Lithuania Law on the Notarial Profession – Art. 32 (https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.389498?jfwid=bkaxlmmv )
10Civil Code of The Republic of Lithuania, Art. 6.469 (https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.245495 )
11Ibid, (Art. 5.28)
12
Ibid Art. 1.74.
13
Ibid
14
Republic of Lithuania Law on the Notarial Profession – Art. 26 (1) to (19)(https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.389498?jfwid=bkaxlmmv )
15
Ibid Art. 27
16
Ibid. 2711