eSignature Legality Guide

Federal Law 63-FZ defines three types of electronic signatures in Russia: simple electronic signatures, enhanced unqualified electronic signatures, and enhanced qualified electronic (digital) signatures.

As per section 1 of article 2 of Federal Law 63-FZ, an electronic signature is data in electronic form that is attached to or associated with other electronic data and is used to identify the signer.

Section 2 of article 5 describes a simple electronic signature as one that uses codes, passwords, or other methods to confirm that a specific individual created the signature.

Section 3 of article 5 defines an enhanced unqualified electronic signature as one that (i) is generated through cryptographic transformation using an electronic signature key, (ii) enables identification of the signer, (iii) allows detection of any changes to the document after signing, and (iv) is created using electronic signature tools.

Section 4 of article 5 states that an enhanced qualified electronic (digital) signature must meet all the criteria of a simple electronic signature and, in addition, (i) the verification key must be specified in a qualified certificate, and (ii) the signature must be created and verified using tools that comply with Federal Law 63-FZ requirements.

Generally, contracts can be concluded electronically if they fall under the category of agreements that may be executed in simple written form (i.e., without special formal requirements). This form is allowed for most contracts, except for those specifically excluded by law.

Such contracts can typically be executed by (i) the signer accepting an electronic offer through actions such as clicking an "agree" button and making payment, (ii) using a simple or enhanced unqualified electronic signature if the parties have agreed to this in a written paper document, or (iii) using an enhanced qualified electronic (digital) signature.

Electronic transactions involving real estate require the use of an enhanced qualified electronic (digital) signature.

If the authenticity or validity of an electronic signature is disputed, the party relying on the signature may need to provide additional evidence, such as verifying the identity of the signer, applying a tamper-evident seal to ensure the document has not been altered after signing, and maintaining an audit trail of all actions taken by the signer during the signing process. An enhanced qualified electronic (digital) signature is presumed to be equivalent to a handwritten signature and does not require further proof.

The legal effect of an electronic signature depends on several factors, including whether the appropriate type of signature (simple, enhanced unqualified, or enhanced qualified) is used and whether there are any legal restrictions on using electronic signatures for the specific contract.