Overview of eSignature Legality in Ukraine
Ukraine has legally recognized eSignatures since 2003 with The Law of Ukraine No.852-IV “On Electronic Digital Signature.”
Electronic Signature Law
The Law of Ukraine No.852-IV “On Electronic Digital Signature” addresses the guidelines for eSignatures that must be met for a contract to be valid.
Are eSignatures legal, admissible, and enforceable?
Summary of Law
Ukraine has a tiered eSignature legal model and recognizes digital signatures as a distinct type of eSignature. A contract is generally valid when the parties reach an agreement that is expressed verbally, in writing, by electronic means, or by any other technology, or by unambiguous signs.
In some stances when the digital signatures are required, they need to meet the following criteria to be equivalent to handwritten signatures.
- The signature creation data is, within the context in which they are used, linked exclusively to the signatory
- The signature creation data is, at the time of signing, under the exclusive control of the signatory and of no other person
- Any alteration to the electronic signature, made after the time of signing, is detectable
- Any alteration made to the information (to which e-signature relates) after the time of signing is detectable
The tiered eSignature legal model in Ukraine allows companies to select the type of eSignatures to use while conducting their business.
eSignatures are not recommended for:
- Certificates of heirship
- Documents which exist in original copy only ie passports and birth certificates
- Documents requiring notarization