Are electronic signatures legal in Albania?
Albania has always been looking for ways to make electronic signatures legal. Since 2014 they have approved the eIDAS regulations, hereby making their electronic signatures legal to European standards
After the 2016 legal reform, Albania’s’ legal model is a tiered one. This means that Qualified Electronic Signatures are seen as a legal type of e-signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.
Albania operates under Civil Law systems which are arranged according to a plan or a system and come from Roman law. Civil law systems are based on:
- Generally a written constitution based on specific codes (e.g. civil code, codes covering corporate law, administrative law, tax law and constitutional law) preserving basic rights and duties
- There is little scope for judge-made law in civil, criminal and commercial courts (only legislative enactments are considered binding for all)
- In some civil law systems, e.g. Germany, writings of legal scholars have significant influence on the courts
- Courts specific to the underlying codes – there are therefore usually separate constitutional court, administrative court and civil court systems that opine on consistency of legislation and administrative acts with and interpret that specific code;
- Less freedom of contract – many provisions are implied into a contract by law and parties cannot contract out of certain provisions.
A civil law system is generally more prescriptive
There have been attempts since 1997 to make electronic signatures legal in Albania. There have been a number of laws approved in this field (like the Law no. 9880, of 25.2.2008 “On Electronic Signatures” and the Law no 107/2015 “For Electronic Identification and Trust Services”) and in 2009 the National Authority for Electronic Certification was established.
In June 2014, the eIDAS regulations were approved, which is the standard most European countries hold today.
The information in the legality guides are for general information purposes only and are not intended to serve as legal advice. Laws governing electronic signature may change quickly, so Signable cannot guarantee that all the information on this site is current or correct. If you have specific legal questions about any of the information on this site, you should consult with a licensed attorney in your area.
Last updated on: January 2020