Amendments to legislation concerning electronic signatures

Pepeliaev Group advises of amendments to legislation concerning electronic signatures which came into effect on 1 July 2020.

On 27 December 2019, the Russian President signed the Federal Law “On amending the Federal Law ‘On electronic signatures’ and article 1 of the Federal Law ‘On protecting the rights of legal entities and individual entrepreneurs during state (supervisory) and municipal control’”[1] (the “Law on amendments”).

The Law on amendments provides for wide-ranging amendments to be introduced into the existing regulation of relationships for the use of electronic signatures, with most of such amendments having come into effect on 1 July 2020. Among these amendments, the most significant ones are set out below.

1. Qualified certificate

Mandatory identification during the issuance of a qualified certificate

The Law on amendments provides for certain details for a certification centre to issue a qualified certificate of the verification key to an electronic signature. Now, the Law provides for a mandatory procedure for identifying a person who has applied for a qualified certificate.

Identification of an applicant is possible both when the applicant is present in person and in the applicant’s absence, using:

• a qualified electronic signature; or
• information concerning the Russian national and his/her biometric details contained in the Unified Identification and Authentication System[2] and the Common Biometric System[3].

When an individual is identified using the data of the Unified Identification and Authentication System and the Common Biometric System, this individual will be asked to use cryptographic tools. If the individual refuses, no qualified certificate will be issued to him/her.

New requirements for the content of a qualified certificate

Starting from 1 July 2020, it has become impossible to set out in a qualified certificate any restrictions on its use; the certificate should now contain an identifier which unambiguously proves that an identification was performed when the certificate was issued.

Operators of state-owned municipal information systems, information systems the use of which is stipulated by regulations, and public information systems are now prohibited from requiring that a qualified certificate contain information which is not mandatory.

2. Ban on voluntary restrictions on the recognition of enhanced qualified electronic signatures

Owing to the adoption of the Law on amendments, the participants of electronic interaction are prohibited from setting any restrictions on the recognition of an enhanced qualified electronic signature (“EQES”) except for restrictions provided for by law.

Thus, starting from 1 July 2020, it is not allowed to refuse acceptance of an electronic document signed with an EQES which does not meet any requirements which are not provided for by law. For instance, it will not be possible to refuse acceptance of an electronic document if it has been signed with an EQES the certificate for which was issued by a certification centre different from the one the other party requires.

The participants of electronic interaction should ensure that, starting from 1 July 2020, there are no additional requirements for the EQES being used which are not provided for by law, within the framework of their interaction.

3. New powers of the Central Bank of Russia and operators of payment systems

The Law on amendments sets out that, starting from 1 July 2020, the regulations of the Central Bank of Russia and the rules of payment systems can also provide for conditions for electronic documents signed with a simple or non-qualified electronic signature to be equated to hard-copy documents. The Law on amendments confers on such rules the status of agreements between the participants of electronic interaction.

This means that the regulations of the Central Bank and the rules of payment systems can provide for additional conditions for the recognition of electronic documents signed only with a simple or a non-qualified electronic signature. As mentioned above, the Law on amendments does not allow for any restrictions on the recognition of EQES.

4. Recognition of foreign electronic signatures

The Law on amendments introduces new conditions for the recognition in Russia of electronic signatures created in accordance with foreign legal provisions and international standards.

Starting from 1 July 2020, such electronic signatures are recognised to meet the criteria of enhanced electronic signatures and are used within legal relationships in accordance with Russian legislation as provided for by international agreements to which the Russian Federation is a party.

Such electronic signatures will be recognised as valid if their compliance with the requirements of international agreements to which Russia is a party is confirmed by an accredited third party, an accredited certification centre or a party empowered to do so by the relevant international agreement to which Russia is a party.

What to think about and what to do

Both entities and individuals who use electronic signatures are recommended to take account of the new rules in their electronic interaction.

Help from your adviser

Pepeliaev Group’s experts pride themselves on their vast experience of implementing technological projects and will readily assist you in ensuring that your electronic interaction complies with legal requirements.