ARTICLE
15 December 2021

Electronic Signature: The Government Is Now A Certifying Body

CP
CMS Pasquier Ciulla Marquet Pastor & Svara

Contributor

CMS Monaco is a leading law firm, providing local and international clients with a one-stop shop service for all their legal challenges, both in counselling and litigation. The firm was created in 2009 and is strongly anchored in the Monegasque market and well familiar with its dynamic economy. In 2017 the firm joined CMS, an organisation of independent law firms, composed of 80+ offices in 45+ countries, with over 6,000 lawyers worldwide, making it the only law firm in Monaco with such significant international reach. Today CMS Monaco is composed of 80+ professionals, including five partners (Avocats Associés Monégasques) and over 50 associates, experts in Monegasque law. The firm is structured around seven practice groups: Private Clients, Business Law, Real Estate & Construction, Employment, Banking & Finance, Tax and Criminal law. The teams regularly work together on complex cross-practice cases with high stakes for a large variety of Monegasque and international clients, such as companies of various sect
What is an electronic signature or an electronic seal? The electronic signature is the term attached to the signature, in an electronic format, by a natural person (representing a legal person).
Monaco Government, Public Sector

What is an electronic signature or an electronic seal?

The electronic signature is the term attached to the signature, in an electronic format, by a natural person (representing a legal person)1.

The electronic seal represents the stamp or the "seal", in an electronic format, of a legal person2.

The document on which it is applied is digital, regardless of its format (Word, PDF, JPG, XML, etc.) and its nature (quote, agreement, contract, order, invoice, purchase order or delivery note, pay slip, testimony, etc.).

What is the purpose of the electronic signature or the electronic seal?

Law N. 1.183 of August 2, 2021 has devoted the admission of writing in an electronic form as evidence in the same way and with the same probative force as writing on paper, provided that the person from whom it emanates can be duly identified and that it is established and kept in conditions that guarantee its integrity3.

It is to the so-called "qualified trust" service providers, certified by the Monegasque Digital Security Agency, that the task of offering an electronic signature and an electronic seal service capable of guaranteeing identification and integrity has been entrusted.

The Monegasque Direction de l'Expansion Economique, a service provider for the certification of electronic signatures and electronic seals

The Monegasque Business Development Agency (Direction de l'Expansion Economique) has recently become a service provider for the certification of electronic signatures and electronic seals only for the benefit of Monegasque companies duly registered in the Trade and Industry Register (Répertoire du Commerce et de l'Industrie)4.

In practice, electronic signature and electronic seal certificates are issued to companies that request them on a smart card, to be used with the SafeNet software.

The next steps?

In practice, at the date of this article, some Monegasque administrations do not yet accept electronic documents whose signature or seal is certified by the system set up by the Business Development Agency (Direction de l'Expansion Economique). This is notably the case of the Department of Tax Services (Département des Services Fiscaux) which does not register electronically signed documents.

In addition, other electronic signature and electronic sealing systems, widespread in Europe, such as DocuSign, have not yet received the certification required by the Monegasque law.

Moreover, there is still no agreement with third countries, in particular the member states of the European Union, ensuring the recognition in the Principality of certificates issued by qualified trustworthy service providers established in these countries.

Footnotes

1. Article 1163-3 of the Monegasque Civil Code

2. Article 1163-4 of the Monegasque Civil Code

3. Article 1163-1 of the Monegasque Civil Code

4. See especially ordinnance N. 8.450 of December 24, 2020.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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