The Scope of the Electronic Document and Signature Law
The legal framework for digital identity built on the principle of self-sovereign identity rests in Georgia on the Law on Electronic Document and Electronic Signature. Under Article 1 of the law, it defines the legal foundations for the use of electronic documents, electronic signatures and electronic trusted services. At the same time, the law does not limit the right of natural persons and private legal entities to use, at their own choice, a material document, a personal signature, or an electronic document and signature executed under conditions different from those of the law. The law does not apply to information classified as a state secret. This flexibility serves exactly the freedom of choice on which self-sovereign digital identity is built: technology is enabled by law, but its use remains voluntary.
The Legal Force of the Electronic Signature and Stamp
Under Article 3 of the law, a qualified electronic signature has legal force equal to a personal signature. A qualified electronic stamp enables confirmation of the integrity and origin of an electronic document: integrity and origin are considered irrefutable unless the contrary is proven. Where a natural or legal person chooses electronic communication with an administrative body and the document requires a signature or stamp, a qualified electronic signature or qualified electronic stamp is mandatory. The administrative body, for its part, is obliged to place a qualified electronic stamp on electronic documents. It is inadmissible to reject a document in court or administrative proceedings solely on the ground that it is submitted in electronic form. Together these guarantees create the trustworthy foundation on which digital identity products can operate.
The Status of the Electronic Document
Under Article 4 of the law, every copy of an electronic document is an original, and an electronic document cannot have an electronic copy. An electronic document may be used in every case where a material document in written form is required, unless the law provides otherwise. A printout of an electronic document retains equal legal force where it is certified by the responsible or authorized person. A document created in a digital environment therefore loses nothing in comparison with its paper counterpart, which is essential for identity data and credentials held and exchanged digitally.
Qualified Trusted Service Providers
Article 11 of the law regulates the authorization of qualified trusted service providers. A willing person must undergo authorization with the Digital Governance Agency, which verifies the compliance of its activity with the law and the technical regulations. The Agency performs supervisory functions: it checks compliance as necessary but at least once every 2 years, responds to violations, suspends or terminates authorizations, and publishes the list of providers and their services. An applicant submits an application, an audit conclusion on compliance, and supporting documentation; where the submission is incomplete, a period for curing the deficiency is granted. Authorization may be suspended or terminated for non-compliance with the requirements. This regulation ensures that services involved in the digital identity infrastructure operate under experienced supervision.
The law also takes account of the internal communication of the administrative apparatus: qualified electronic signatures are not mandatory in relations between structural units and territorial bodies, yet such documents and signatures still carry legal force equal to material documents and personal signatures. It also matters that in administrative proceedings and in court, an electronic signature or stamp may not be denied evidentiary force solely on the ground that it does not meet the requirements established for qualified ones. For persons operating in the financial sector, the law allows the use of electronic documents and signatures executed under conditions different from those of the law, linked to the rules set by the National Bank. A printout of an electronic document retains equal legal force where it is certified by the responsible or authorized person, and an electronic copy of a material document gains the force of an original through certification or an electronic stamp, which is essential for working with digital archives of records.
Frequently Asked Questions about Digital Identity
Does an electronic signature equal a handwritten one?
Under Article 3 of the law, a qualified electronic signature has legal force equal to a personal signature.
Can an electronic document be rejected in court?
Not merely because it is electronic; rejection is admissible only where the document does not meet the requirements of the proceedings.
Is an electronic document an original?
Yes. Under Article 4, every copy of an electronic document is an original.
Who supervises trusted service providers?
The Digital Governance Agency, which authorizes them and checks compliance at least once every 2 years.
How We Help on Legal.ge
If your business concerns digital identity, electronic signatures or trusted services, the Legal.ge team will help you to work carefully through the law's requirements, plan the authorization process and assess the legal force of electronic documents, including which of your documents need qualified signatures or stamps.