Government Emergency Ordinance no. 38/2020 regarding the use of documents in an electronic form by public authorities and institutions, effective from 7 April 2020

In brief

The Romanian Government has adopted the general framework for the use of electronic signatures and electronic documents by public authorities and institutions, in order to acknowledge their full legal effects and to conduct the activity of public authorities and institutions in a safe and legal manner.

In detail

According to the Government Emergency Ordinance no. 38/2020 (‘’GEO 38’’), documents issued in an electronic form by the public authorities and institutions will be signed with a qualified electronic signature and will have the legal effect of authentic documents.

Starting from the entry into force of GEO 38, public authorities and institutions are required to receive documents signed with an electronic signature.

For internal documents issued by public authorities and institutions in an electronic form, and for the use by natural or legal persons of an online service provided by public authorities or institutions, the type of applicable electronic signature will be established within 15 days from the entry in force of GEO 38, based on administrative documents.

Electronic documents will be received by public authorities and institutions on their own platforms or on platforms made available by third parties. If these platforms cannot be used, the documents will be communicated by electronic mail.

Responses of public authorities and institutions to electronic documents will also be delivered by electronic means, unless otherwise requested. The specific method for receiving electronic documents will be announced in the online environment by the relevant public authority or institution.

Source [Government Emergency Ordinance no. 38/2020 regarding the use of the documents in electronic form at the level of public authorities and institutions, published in the Official Gazette no. 289 of 7 April 2020]

 The takeaway

Government Emergency Ordinance 38 decrees that documents issued in an electronic form by public authorities and institutions will be signed with a qualified electronic signature and will be treated as authentic documents.

Within 15 days from the entry into force of this ordinance, administrative documents will be issued to establish the type of electronic signature to be used for internal documents issued electronically by public authorities and institutions and for the online services provided by public authorities and institutions to individuals or legal entities.

Starting from the entry into force of GEO 38, public authorities and institutions are required to accept documents signed with an electronic signature, on electronic platforms or by electronic mail.