In a time of constant development of technology, the law must keep pace and ensure the regulation of the new technological innovations. The very progress of technology allows for the achievement of a higher level of digitalization and abandonment of paper documents, handwritten signatures and ink seals. This is where electronic documents, electronic seals and electronic signatures come into play.
In the Republic of North Macedonia, the Law on Electronic Documents, Electronic Identification and Trust Services is in force. This law regulates the creation, storage and processing of electronic documents, electronic identification and trust services, the use of electronic documents, electronic signature and electronic seal and electronic trust services in administrative and judicial proceedings, as well as the conditions under which electronic identification means issued to natural and legal persons that fall within the framework of a registered or recognized electronic identification scheme are recognized.
This Law defines an electronic document as any content stored in electronic form, in particular text or sound, visual or audio-visual records, and an electronic signature as a set of data in electronic form that is accompanied by or is logically linked to other data in electronic form and that the signatory uses for signing.
According to the provisions of the Law, an electronic document has the same legal and evidentiary force as the written form of the document. In this way, a higher level of digitalization in legal transactions is ensured. In addition, through the possibility of signing documents with an electronic signature, a number of processes are simplified. The Law on Electronic Documents, Electronic Identification and Trust Services stipulates that the evidentiary value of an electronic signature cannot be challenged solely because it is used in electronic form or because it meets the requirements for a qualified electronic signature, and a qualified electronic signature has the same legal and evidentiary value as a handwritten signature.
Electronic signatures and seals are issued by trusted service providers whose manner of operation and conditions that have to be met are regulated by the Law itself as well as by by-laws enacted on the basis of the Law.
In that sense, although there are still limitations prescribed by special laws regarding the field of use of the electronic signature and the validity of electronic documents, the Law on Electronic Documents, Electronic Identification and Trust Services enables a higher degree of digitalization and strengthens the evidentiary power of electronic documents and the field of application of the electronic signature in legal transactions in the Republic of North Macedonia.