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

Electronic signatures are legal in Montenegro and are mainly regulated by the Law on Electronic Identification and Electronic Signature (ZEIEP) of 2017.

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

Montenegro recognizes three types of electronic signatures: electronic signature, advanced electronic signature, and qualified electronic signature.

1. Electronic Signature

A set of data in electronic form attached to or logically associated with an electronic document, used to identify the signatory.

2. Advanced Electronic Signature

An advanced electronic signature is an electronic signature that can reliably guarantee the identity of the signatory and the integrity of the electronic document.

An advanced electronic signature should meet the following conditions:

• Be uniquely linked to the signatory

• Clearly identify the signatory

• Be created using electronic signature creation tools that the signatory can independently manage and exclusively control

• Contain a direct link to the data associated with it, in a way that allows for clear insight into any changes to the original data

  Advanced electronic signatures based on electronic certificates issued by EU member states are considered advanced electronic signatures in Montenegro if they meet the above requirements.

  3. Qualified Electronic Signature

  A qualified electronic signature is an advanced electronic signature created using a qualified electronic signature creation tool and based on a qualified electronic signature certificate.

In which scenarios can electronic signatures be used in Montenegro?

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

• Commercial Contracts: NDAs, LOIs, Purchase Orders, Order Confirmations, Invoices, Sales Agreements, Distribution Agreements, Service Agreements, Loan Agreements, Lease Agreements

• Electronic Banking: Bill payments, transactions, account balance notifications, payment card and exchange rate checks

• Employment and HR Documents (using QES): Employment contracts and internal HR documents

• Administrative and Judicial Documents (using QES): Documents submitted to state agencies, local self-government bodies, public administration departments, and court proceedings

In which scenarios is a traditional signature required in Montenegro?

The following scenarios typically require a traditional signature:

• Legal matters involving the transfer of real estate or other real property rights

• Probate proceedings

• Contracts regulating the property relations of married or unmarried couples

• Contracts regarding the disposal of property by those deprived of property

• Contracts regarding the transfer and distribution of lifetime property

• Contracts for lifetime care and agreements related to inheritance

• Gift contracts