Are electronic signatures legal in Bosnia and Herzegovina? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Bosnia and Herzegovina, and they are primarily regulated by the Electronic Signatures Act of 2006.

What types of electronic signatures are recognized in Bosnia and Herzegovina? What are the requirements for each?

Bosnia and Herzegovina recognizes two types of electronic signatures, namely electronic signatures and secure electronic signatures.

1. Electronic Signatures

The Electronic Signatures Act defines an electronic signature as “data in electronic form that accompanies or is logically associated with other data in electronic form and can confirm the identity of the signatory.”

2. Secure Electronic Signatures

Secure electronic signatures should meet the following conditions:

• Electronic signatures assigned only to the signatory;
• Allow identification of the signatory;
• Formed through means fully controlled by the signatory;
• Associated with the data in question so that any subsequent changes to the data can be determined;
• Based on qualified certificates and formed through technical means and procedures that meet the security requirements of this Act and its subordinate regulations.

In which scenarios can electronic signatures be used in Bosnia and Herzegovina?

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

• Commercial agreements and documents, including confidentiality agreements, letters of intent, purchase orders, order confirmations, invoices, sales agreements, distribution agreements, service agreements, loan agreements, and lease agreements;
• Consumer agreements, including agreements for the purchase of goods and services, consumer loan agreements, and lease agreements;
• Intangible property agreements, including licensing agreements;
• Human resources documents, including employment contracts, confidentiality agreements, and termination notices.

In which scenarios is a traditional signature required in Bosnia and Herzegovina?

Traditional signatures are typically required in the following scenarios:

• Legal matters involving family law and inheritance law, requiring written form or meeting more stringent formal requirements;
• Other situations where the validity of declarations of intent or legal acts requires official notarization, verification of authenticity by a court or notary, or notarization of documents;
• Declarations of intent, legal matters, or documents requiring official certification, including verification of authenticity by a court or notary, or notarization for registration in land registries or other official registers;
• Warranty statements issued by individuals in the fields of handicrafts, business, or professional qualifications.