Are electronic signatures legal in Monaco? What laws mainly regulate electronic signatures?

Electronic signatures are legal in Monaco, and Monaco’s electronic signatures are mainly regulated by the Monaco Civil Code and Law No. 1.383 of August 2, 2011.

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

Monaco recognizes three types of electronic signatures, namely electronic signatures, advanced electronic signatures, and qualified electronic signatures.

1. Electronic Signatures

   Law No. 1.383 defines electronic signatures as “data existing in electronic form, logically attached or associated with other data existing in electronic form, to ensure the source and integrity of such data.”

   By default, eSignGlobal electronic signatures can meet Monaco’s requirements for electronic signatures

2. Advanced Electronic Signatures

Advanced electronic signatures need to meet the following requirements:

• Uniquely associated with the creator of the signature;

• Capable of identifying the creator of the signature;

• The electronic signature creation data used is generated in a manner that is highly reliable and controlled by the signature creator;

• Connected to the associated data in such a way that any subsequent modification of the data can be detected.

1. Qualified Electronic Signatures

They are advanced electronic signatures created through qualified electronic signature creation devices, relying on qualified electronic signature certificates.

“Qualified Electronic Signature Certificates,” issued by qualified trust service providers, meet the requirements specified in the ministerial order.

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

• Commercial contracts: such as sales contracts, service agreements, non-disclosure agreements (NDAs), and supply contracts

• Human resources documents: employment contracts, internal policy confirmations, and other human resources-related forms

• Orders, purchase orders

  In which scenarios is a traditional signature required in Monaco?

  The following scenarios typically require a traditional signature:

• Financial services, including investment services, insurance and reinsurance business, banking business, operations related to pension funds, and services for futures or options trading

• Engaging in chance-based gambling activities, including lottery and betting transactions, but excluding competitions or promotional games aimed at promoting the provision of goods or services, and where the payment (if any) for such competitions or promotional games is solely for obtaining the promotional goods or services

• Contracts concluded through vending machines or services provided in automated commercial premises

• Contracts with operators responsible for the operation of telecommunications and electronic communication networks and services, for the use of public telephone booths

• Contracts for the creation or transfer of rights related to real estate, excluding lease rights

• Activities carried out by notaries or judicial officers, within the scope of their direct and specific involvement in the exercise of public authority

• Representation and legal assistance activities