In 2001, Romanian ESL incorporated European Union Directive 1999/93/EC, which set forth a European Union framework for electronic signatures with the overarching goal of promoting e-commerce by instilling greater confidence and security in electronic commerce and by facilitating electronic transactions. ESL defines an electronic signature as “data in electronic form, which is included in, attached to or logically associated with a document in electronic form and serve as a method of identification.” MICT establishes the requirements and regulates the administration of electronic signatures in Romania. Experts who verify disputed signatures may request certificates or other supporting documentation to determine the validity of an electronic signature. ESL further requires that “Romanian or foreign persons that issue certificates or provide electronic signature-related services” register with MICT as certification service providers (“CSP”).
In addition to registration with MICT, CSPs may also apply for MICT accreditation. Qualified CSPs provide a more secure and more easily verified extended electronic signature, known as an extended electronic signature that is supported by a qualified certificate, which in turn creates a qualified signature. MICT has issued detailed procedures and requirements for extended electronic signature and established procedures for the suspension and withdrawal of certification service accreditation decisions, some of which have crystallized in law.
