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Russia Takes Step Towards International Recognition of Foreign E-Signatures

  • The volume of electronic document flow in Russia increased by 22% in 2022 compared to 2021.
  • Russia has had difficulties with the recognition and use of foreign electronic signatures.
  • Amendments to the Electronic Signature Law may change this situation.
  • There are three types of e-signatures in Russia: simple electronic signatures, enhanced qualified signatures, and enhanced unqualified signatures.
  • Enhanced signatures are created using cryptographic means and can detect changes made to the document after it was signed.
  • A document signed with an enhanced qualified signature is legally equivalent to a standard paper document signed with a wet ink signature.
  • The Russian legislation allows for the recognition of foreign e-signatures, but there have been difficulties with recognizing foreign enhanced e-signatures.
  • Federal Law No. 457-FZ on Amendments to Certain Legislative Acts of the Russian Federation allows for the recognition of foreign e-signatures based on an agreement between the parties to a cross-border transaction.
  • The parties must obtain confirmation from a trusted third party or accredited certification center to confirm that the e-signature meets the requirements of the agreement.
  • Pilot projects between participants from Russia and Kazakhstan, as well as Russia and China, have already been successfully implemented.
  • The technical side of the issue had already been resolved, and the participants in the turnover had been waiting for a law that would allow full implementation of the mechanism.
  • The proposed mechanism for the recognition of foreign e-signatures will simplify international electronic document flow and reduce costs associated with paper documents.

Source: gorodissky.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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