Digital Signature Law is the backbone of modern business and fintech. In the era of remote services, identifying clients and signing contracts without physical presence is critically important. In Georgia, an electronic signature has the same legal force as a wet-ink signature, provided that strict legislative requirements are met. There are different types of electronic signatures (Qualified and Non-Qualified), the use of which depends on the transaction type and risk. This service helps businesses correctly implement electronic signature systems, develop internal policies, and protect themselves from disputes related to questioning document authenticity.
What Does the Digital Signature Legal Service Cover?
Our lawyers offer full support in the legal assurance of electronic document circulation:
- Selection of E-Signature Type: Consultation on where a Qualified Electronic Signature (QES) is mandatory and where a simple electronic signature (e.g., via SMS code) suffices.
- Internal Policy Development: Drafting rules for electronic document circulation and signature usage within the company.
- Adaptation of Client Agreements: Correctly formulating clauses in "Terms and Conditions" regarding the legal force of electronic consent.
- Dispute Resolution: Representation in court when a party denies the authenticity of an electronically signed document.
- Audit: Checking existing digital processes (Onboarding, Contracting) for compliance with the "Law on Electronic Document and Electronic Trust Services."
Common Scenarios and Usage
Legal issues of digital signatures are relevant for:
- Remote Lending: A microfinance organization issuing loans online needs assurance that the court will recognize a contract confirmed via SMS code.
- Employment Contracts: Signing contracts with remote employees using electronic signatures.
- B2B Transactions: Exchanging acceptance acts and invoices electronically between companies.
- Fintech Platforms: Integrating video verification and digital consent into the client onboarding process.
Georgian Legal Framework
The main regulatory act is the Law of Georgia on Electronic Document and Electronic Trust Services. The law distinguishes between a Qualified Electronic Signature (equivalent to a wet-ink signature) and other types of electronic signatures (whose force depends on the agreement between parties). Also important are the Civil Code of Georgia regarding the form of transactions and National Bank regulations on remote services for financial institutions.
Service Process: What to Expect
The lawyer will study your business process. If you use a simple electronic signature (e.g., DocuSign or SMS), the lawyer will draft an agreement with the client where parties acknowledge the validity of such a signature. In the case of a qualified signature, the lawyer will assist with the legal aspects of integration with state services. In case of a dispute, the lawyer ensures the legally sound presentation of technical evidence (logs, IP addresses, metadata) in court.
Why Choose Legal.ge?
Digital signatures lie at the intersection of technology and law. An incorrectly implemented system means void contracts. On Legal.ge, you will find lawyers who understand the specifics of digital evidence and will help you safely implement electronic document circulation.
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