Ukraine Electronic Signature Compliance Explanation

Are electronic signatures legal in Ukraine? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Ukraine, and Ukrainian electronic signatures are primarily regulated by the Law of Ukraine No. 2155-VIII “On Electronic Trust Services” of 2017, the Law of Ukraine No. 851-IV “On Electronic Documents and Electronic Document Flow” of 2003 (hereinafter referred to as the “Electronic Documents Law”), and the Civil Code of Ukraine No. 435-IV of 2003 (Articles 205-207).

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

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

1. Simple Electronic Signature

Refers to any data that is attached in electronic form or logically associated with other data in electronic form, and used by the signatory to sign documents.

2. Advanced Electronic Signature

Advanced electronic signatures must also meet the following requirements:

• Created through cryptographic transformation of electronic data associated with the signature;
• Created using advanced electronic signature devices and personal keys uniquely associated with the signatory;
• Enable electronic identification of the signatory;
• Capable of detecting integrity violations of the electronic data linked to the signature.

3. Qualified Electronic Signature

Qualified electronic signatures are considered to have the same legal effect as handwritten signatures if they meet the following conditions:

• Meet the requirements of advanced electronic signatures;
• Created using qualified electronic signature devices (QESD) and with personal keys stored in the QESD;
• Based on qualified public key certificates provided by qualified trust service providers (QTSP);
• Establish a clear connection with the signatory;
• Ensure unique control over the signatory through appropriate personal keys.

The Law on Electronic Trust Services recognizes the validity of qualified electronic signatures issued by foreign QTSPs if there is a list of foreign trust service providers whose trust services are recognized in Ukraine under international treaties, or if the foreign QTSP meets the requirements of the Law on Electronic Trust Services.