The use of Electronic Signatures in Malta

Following the coming of application of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23rd July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EU (the “Regulation”) in 2016, documentation may be signed electronically, and the signature would have the same legal effect as if the signature had been made by hand.

The Regulation provides the specific standards for electronic signatures, including the requirement to use qualified electronic signature creation devices for the creation of qualified certificates for electronic signatures.

In order for an electronic signature to have the same legal effect of a handwritten signature, it must be a qualified electronic signature. An electronic signature would be classified as qualified where an electronic signature is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures.

The Regulation provides that a qualified electronic signature based on a qualified certificate issued in one Member State shall be recognised as a qualified electronic signature in all other Member States. Therefore, a qualified certificate issued in any member state would be validly applicable in Malta.

Please contact us should you require any further information on the above.