Compliance Explanation of Electronic Signature in Russia

Is electronic signature legal in Russia? What laws mainly regulate electronic signatures?

Electronic signatures are legal in Russia, and Russian electronic signatures are mainly regulated by the Federal Law No. 63-FZ “On Electronic Signature” dated April 6, 2011 (“Federal Law 63-FZ”), the Order of the Financial Stability Committee of the Russian Federation No. 795 dated December 27, 2011 “On Approving the Requirements for the Form of Verification Key Certificates for Qualified Electronic Signatures” and the Order of the Financial Stability Committee of the Russian Federation No. 796 dated December 27, 2011 “On Approving the Requirements for Electronic Signature Facilities and Certification Authority Facilities”.

What is Russian electronic signature? What conditions should a valid electronic signature meet?

According to Article 2, Paragraph 1 of the Federal Law 63-FZ, an electronic signature is information attached to or otherwise linked to information in electronic form (the information to be signed) for the purpose of identifying the person who signed the information.

According to Russian regulations, to be considered a valid signature, an electronic signature must meet the following conditions:

• Must be identifiable and associated with the signatory,

• Must be controlled solely by the signatory in terms of signature creation data,

• Any modifications made to the electronic document after the electronic signature is affixed must be detectable, and

• Must contain data and sufficiently imply that the signatory has agreed to the electronic transaction.

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

Russia recognizes two types of electronic signatures, namely simple electronic signatures and enhanced electronic signatures (including enhanced qualified electronic signatures and enhanced non-repudiation signatures).

1. Simple Electronic Signature

According to Article 5, Paragraph 2 of the Federal Law 63-FZ: A simple electronic signature is an electronic signature that confirms the creation of the electronic signature by a person through a code, password, or other means.

2. Enhanced Electronic Signature

(1) Enhanced Non-repudiation Signature (similar to AdES defined in the eIDAS regulation)

According to Article 5, Paragraph 3 of the Federal Law 63-FZ, an enhanced non-repudiation signature is an electronic signature obtained by cryptographically converting information with an electronic signature key pair, allowing the identification of the person who signed the electronic document, detecting any changes to the electronic document after signing, and creating through electronic signature.

(2) Enhanced Qualified Electronic Signature (similar to QES defined in the eIDAS regulation)

An enhanced qualified electronic (digital) signature is an electronic signature that meets all the attributes of a simple electronic signature and has the following additional attributes:

• A qualified (digital) certificate specifies the electronic signature verification key;

• The electronic signature is created and verified using electronic signature tools that comply with the requirements of the Federal Law 63-FZ.

It is presumed that an enhanced qualified electronic (digital) signature is legally equivalent to a “wet ink” signature without the need for additional proof.

In Russia, in which scenarios can electronic signatures be commonly used?

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

• Business agreements between corporate entities

• Confidentiality agreements

• Procurement documents

• Sales agreements

• Consumer agreements

• Procurement and sales contracts

In Russia, in which scenarios is a traditional signature required?

The following scenarios require a traditional signature:

• Guarantee, pledge, and surety agreements

• Contract modification agreements

• Agreements on penalties

• Deposit agreements

• Real estate purchase and sale agreements

• Insurance agreements

• Lease agreements

• Intellectual property transfer or licensing agreements