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Overview of eSignature Legality in Russia
Russia has legally recognized eSignatures since 2011 with The Federal Law of the Russian Federation No. 63-FZ “On Electronic Signature.”
Electronic signature law
The Federal Law of the Russian Federation No. 63-FZ "On Electronic 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
Russia 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. The use of eSignatures is permissible in substitute of handwritten signatures as long as the required guidelines are met. For documents where a digital signature is required, a certification that is authorized from the Russian government is mandatory.
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 Russia allows companies to select the type of eSignatures to use while conducting their business.
eSignatures are not recommended for:
- Power of Attorney
- Real estate and rental agreements
Disclaimer: This information is intended for general informational purposes only. It is meant to help companies understand the legal framework used for eSignature legality. This is not intended to be legal advice and should not be a substitute for professional legal advice. Consult a licensed lawyer for legal advice or representation.