New Legislative Measure Encourages Digitalization of Employment Relations through Electronic Signatures

What is the normative act regulating the use of electronic signatures?

The new measure is regulated by Emergency Ordinance no. 36/2021 regarding the use of advanced electronic signatures or qualified electronic signatures, accompanied by an electronic timestamp or qualified electronic timestamp and the employer’s qualified electronic seal in the field of employment relations, and for amending and supplementing certain normative acts.

When did it come into effect and what other laws does it amend?

The ordinance has been in effect since May 6th and has implications for amending and supplementing the Labor Code – Law 53/2003.

How to use electronic signatures in employer-employee relations

As a result of the Emergency Ordinance, parties can opt to use an advanced electronic signature or a qualified electronic signature, accompanied by an electronic timestamp or qualified electronic timestamp and the employer’s qualified electronic seal when concluding the individual employment contract or the additional act to the contract, as applicable.

The employer can choose to use the electronic signature for preparing all documents related to employment relationships, resulting from the conclusion of the individual employment contract, during its execution, or upon its termination, under the conditions established by the internal regulations and/or the applicable collective labor contract, according to the law.

The employer can use the electronic signature in its relations with public institutions, for preparing documents related to employment or occupational health and safety.

The employer cannot force the selected person for employment or, as the case may be, the employee to use the electronic signature when concluding the individual employment contract/additional act to the contract or other documents issued during the execution of the individual employment contract.

When concluding the individual employment contract/additional act to the contract or other documents issued during the execution of the individual employment contract, the parties must use the same type of signature, either handwritten or electronic.

What do advanced and qualified electronic signatures, electronic and qualified electronic timestamps, and qualified electronic seals mean?

– Electronic signature: Data in electronic form, attached to or logically associated with other electronic data, used by the signatory to sign.
– Advanced electronic signature: Meets the following requirements:
(a) Exclusively links to the signatory;
(b) Enables the identification of the signatory;
(c) Created using electronic signature creation data that the signatory can use with a high level of trust, exclusively under their control;
(d) Linked to the signed data in such a way that any subsequent changes can be detected.

– Qualified electronic signature: An advanced electronic signature created by a qualified electronic signature creation device and based on a qualified certificate for electronic signatures.
– Electronic timestamp: Data in electronic form linking other electronic data to a specific time, providing evidence that the latter data existed at that time.
– Qualified electronic timestamp: Meets the following requirements:
(a) Ensures a link between the date and time and the data in such a way that it reasonably excludes the possibility of data being changed without detection;
(b) Based on a precise time source, linked to Coordinated Universal Time;
(c) Signed using an advanced electronic signature or sealed with an advanced electronic seal of the qualified trust service provider, or through an equivalent method.

– Qualified electronic seal: An advanced electronic seal created by a qualified electronic seal creation device and based on a qualified certificate for electronic seals.
– Advanced electronic seal: Meets the following requirements:
(a) Exclusively links to the seal creator;
(b) Enables the identification of the seal creator;
(c) Created using electronic seal creation data that the seal creator can use under their control, with a high level of trust, for creating electronic seals;
(d) Linked to the related data in such a way that any subsequent changes can be detected.

 IMPORTANT:
The employer can cover the costs of acquiring advanced or qualified electronic signatures, accompanied by an electronic timestamp or qualified electronic timestamp and the employer’s qualified electronic seal, used for signing documents in the field of employment/occupational health and safety, to fulfill legal obligations.