Is electronic signature legal in Serbia? Which laws mainly regulate electronic signatures?

Electronic signatures are legal in Serbia and are mainly regulated by the Law on Electronic Documents, Electronic Identification and Trust Services in Electronic Commerce (Official Gazette of the Republic of Serbia, No. 94/2017 and 52/2021).

What types of electronic signatures are recognized in Serbia? What are the requirements for each?

Serbia recognizes three types of electronic signatures: simple electronic signatures, advanced electronic signatures, and qualified electronic signatures.

1. Simple Electronic Signature

Refers to data in electronic form that is attached to or logically associated with other electronic data and used as a method of authentication. It may include simple electronic tools such as passwords, PIN codes, or scanned signature images.

2. Advanced Electronic Signature

It must meet the following technical requirements:

• Uniquely linked to the signatory

• Capable of identifying the signatory

• Created under the signatory’s sole control

• Linked to the signed data in such a way that any subsequent change is detectable.

3. Qualified Electronic Signature

Refers to a qualified electronic signature creation device (QESCD) issued by a qualified trust service provider (TSP) recognized by Serbia, such as a secure smart card or USB token. A qualified electronic signature has the same legal effect as a handwritten signature.

In Serbia, in which scenarios can electronic signatures be used?

Electronic signatures can be used in the following scenarios, including but not limited to:

• Commercial contracts: purchase orders, service agreements, distribution contracts, and B2B agreements

• Labor and human resources documents: Non-disclosure agreements (NDAs), employment offers, and internal human resources policies

• Financial services: general credit agreements, bank account opening agreements (subject to specific bank requirements), bank guarantees, financial security agreements

• Company registration documents (QES must be used): company registration, beneficial owner (UBO) registration, annual financial statements, tax returns submitted to the Tax Administration and Business Registers Agency (APR), etc.

In Serbia, which scenarios require traditional signatures?

The following scenarios usually require traditional signatures:

• Real estate rights: contracts for the transfer or establishment of real estate property rights (such as purchase agreements, mortgage establishment, establishment of easements)

• Inheritance law: documents concerning inheritance, such as wills and testaments, and agreements on the distribution of assets during lifetime or contracts for life-long maintenance

• Family law: agreements governing the property relations between spouses or partners

• Notarized documents: any legal transaction that needs to be signed and certified (verified) or formally certified (publicly authenticated) before a notary public, such as certain high-value share purchase or share pledge agreements.

• Negotiable instruments (such as bills of exchange)