In the digital age, electronic signatures have become an indispensable tool in business, contracting, and legal processes. Bosnia and Herzegovina is also on the path to digital transition. Although steps have been taken toward introducing digital signatures, many questions still remain in practice. Not every e-signature is the same—the key difference lies between advanced and qualified electronic signatures. A proper understanding of these concepts can help companies and individuals ensure the legal validity of their digital documents.
Legal Framework in Bosnia and Herzegovina
Electronic signatures in Bosnia and Herzegovina are regulated by the following laws and regulations:
- Law on Electronic Signature of Bosnia and Herzegovina (“Official Gazette BiH”, no. 91/06) – Defines the types of electronic signatures and their legal force.
- Law on Electronic Legal and Business Transactions of Republika Srpska (“Official Gazette RS”, no. 59/21) – Further regulates the application of electronic signatures and the conditions for their use in Republika Srpska.
- Law on Electronic Documents of the Federation of BiH (“Official Gazette FBiH”, no. 87/21) – Regulates the use of electronic documents and signatures in the Federation of BiH.
Although Bosnia and Herzegovina has not yet fully aligned its legislation with the EU eIDAS Regulation (Regulation (EU) no. 910/2014), it has adopted the basic principles of recognizing and validating electronic signatures.
Advanced Electronic Signature (AES)
The advanced electronic signature is a type of e-signature that:
- Uniquely identifies the signer;
- Is linked to the data in such a way that any alteration of the document invalidates the signature;
- Allows the identification of the signer through a certificate.
An advanced signature is more secure than a regular e-signature (for example, a scanned image of a signature in a document) because it ensures the integrity and authenticity of the document. However, it is not necessarily issued by an authorized body (it can be issued by any service provider), which may affect its legal strength in certain cases. In practice, there are many court decisions that invalidate legal transactions confirmed by a regular signature, so this must be taken into account when using the signature.
Qualified Electronic Signature (QES)
The qualified electronic signature is the strongest form of electronic signature and has the same legal force as a handwritten signature. To be legally valid, it must meet the following conditions:
- It is issued by a qualified certification service provider (certification bodies recognized by law);
- It is based on a qualified digital certificate;
- It is created using a secure signature creation device.
According to the Law on Electronic Signature in Bosnia and Herzegovina, only the qualified electronic signature can have the same legal force as a handwritten signature.
Which One to Use in Business?
For internal processes, business contracts, and everyday transactions, an advanced electronic signature is often sufficient. On the other hand, for official documents and contracts that must be in the form of a written instrument, a qualified electronic signature is indispensable.
If your company wishes to implement electronic signatures, legal advice can ensure compliance with both the legislation in Bosnia and Herzegovina and the EU, while also timely addressing many potential issues that could arise from improper use of signatures.
Our legal team is at your disposal for any additional information and advice on electronic signatures in business.
For more on the services provided by our team in commercial and contract law, please visit: Commercial Law | Contract Law | IA Lawfirm
