Convenția de utilizare a semnăturii electronice în reglementarea Legii nr. 214/2024. Noțiune, condiții și efecte

Law No. 214/2024 on the use of electronic signatures, time stamps and the provision of trust services based on them includes an express, albeit summary, regulation of a convention that parties may conclude to regulate the effects that advanced or simple electronic signatures will have on their contractual relations. Such an agreement on the use of electronic signatures can have a considerable impact in terms of speeding up transactions and reducing bureaucracy, provided that strong guarantees are maintained as to the authenticity and security of documents. As it is not regulated in detail by Law 214/2024, we believe that it is useful to analyse it, as we estimate that certain questions raised will be of interest in the future practice of electronic signature users. For this purpose, we have followed the notion and the legal characteristics of the electronic signature user agreement in order to attempt to outline the validity requirements of this legal act. We have further analysed the effects of the convention in order to then draw brief conclusions.