The Legal Regime of the Digital Signature
The electronic signature is recognised in Georgia as an independent, fully-fledged legal institution. The current law defines the terminology, the legal force of signatures and stamps, and the authorisation procedure for providers of qualified trust services. Article 2 contains the definitions, Article 3 the legal force of the electronic signature and the electronic stamp, and Article 11 the authorisation of providers and the supervision of their activity. Knowing these three provisions is enough to understand when an electronic document constitutes full-fledged evidence before a court or an administrative body.
The law distinguishes the electronic signature from the electronic stamp: the signatory is a natural person who signs an electronic document electronically, while the stamp-maker is a legal person that places an electronic stamp on an electronic document. For the purposes of the law, a legal person also includes an administrative organ, an apartment owners' association, an unregistered association and a partnership. This distinction matters in practice because different verification rules and different legal effects attach to each form.
Types of Signature and Their Significance
The law differentiates the advanced and the qualified signature. An advanced electronic signature satisfies several requirements: it is linked solely to the signatory; the signatory can be identified through it; it is created using data that the signatory can use with a high level of confidence under sole control; and it is linked to the signed data in such a way that any subsequent change can be detected. These cumulative requirements are what elevate a technical mechanism into a legally meaningful signature.
A qualified electronic signature is a type of advanced signature created with a qualified creation device and on the basis of a qualified certificate. Qualified certificates are issued by an authorised provider of qualified trust services. An analogous hierarchy exists for the electronic stamp — advanced and qualified. The distinction is eminently practical: it is the qualified form that carries the highest legal effect, equivalent to a handwritten signature.
Legal Force — What Is and Is Not Permissible
A qualified electronic signature has legal force equal to a personal handwritten signature. A qualified electronic stamp, in turn, makes it possible to confirm the integrity and correctness of origin of an electronic document — integrity and origin are considered reliable unless the contrary is proven. This presumption allocates the burden of proof in disputes over electronic documents and is the central practical advantage of the qualified forms.
The law fixes clear prohibitions: during administrative proceedings and in court, it is impermissible to reject an electronic document solely on the ground that it is presented in electronic form. It is equally impermissible to refuse to attribute evidentiary force to a signature or stamp solely because it does not meet the requirements established for qualified forms. This does not, however, exclude rejecting a document that fails to satisfy the procedural rules of the given proceedings — form as such is not a ground, non-compliance with procedural requirements can be.
Dealing with Administrative Bodies
Where a natural person or a private-law legal person chooses electronic communication with an administrative body and the document to be submitted requires a signature or stamp, that document must carry a qualified electronic signature or a qualified electronic stamp. This rule does not extend to non-resident persons, nor to cases where Georgian legislation does not require a signature or stamp on the document at all.
The administrative body, for its part, is obliged to affix a qualified electronic signature or a qualified electronic stamp to electronic documents — placing the qualified stamp is sufficient. An exception concerns internal relations: between the structural units, subdivisions and territorial bodies of an administrative body, the use of a qualified signature is not mandatory, and the documents and signatures used enjoy the same force as material documents and personal signatures. Between natural and private-law legal persons, an agreement can likewise equate electronic documents and signatures with their material counterparts.
Authorisation of Qualified Trust Service Providers
A person wishing to become a provider of qualified trust services must pass authorisation with the Digital Governance Agency. It must submit an application, an audit conclusion on compliance with the law and the technical regulation, documentation confirming sufficient financial resources and guarantees (or, for other persons, civil liability insurance), and rules of procedure. Where documentation is submitted incompletely, the Agency sets a deadline for curing the defect, failing which authorisation may be refused — though the applicant may reapply.
The Agency supervises the provider's activity: it checks compliance with the law and the technical regulation at the established frequency — no less than once every two years, reacts to violations discovered, suspends or terminates authorisation, and maintains and publishes the list of authorised providers and their services. In the event of non-compliance with the requirements of the law and the technical regulation, authorisation may be suspended or terminated. The existence of this supervision is an essential guarantee of the reliability of the signature ecosystem.
Frequently Asked Questions
Is an electronic signature admissible evidence in court?
Yes. It is impermissible to reject an electronic document solely because it is presented electronically. Refusal is possible only where the document does not satisfy the procedural rules of the proceedings.
Which signature equals a handwritten one?
The qualified electronic signature. It is an advanced signature performed with a qualified creation device and on the basis of a qualified certificate issued by an authorised provider.
Who supervises signature providers?
The Digital Governance Agency. It conducts authorisation, checks compliance with the established periodicity, and may suspend or terminate authorisation for violations of the law.
When is a qualified signature mandatory?
When a natural person or private-law legal person chooses electronic communication with an administrative body and the document requires a signature or stamp. The rule does not apply to non-residents.
Can a company use a stamp instead of a signature?
Yes. A legal person places an electronic stamp; a qualified stamp confirms integrity and origin reliably unless proven otherwise, and for administrative bodies placing the qualified stamp is sufficient.
How We Help on Legal.ge
The lawyers of Legal.ge assist with the legal aspects of electronic signatures: we review the electronic form of your contracts, assess the admissibility of documents in disputes, and protect your interests in dealings with administrative bodies. Contact us for a consultation.