Electronic Signatures in Private Relations in Georgia: Legal Framework and Practical Implications

28.07.2025

• 1. The Legal Framework for Electronic Signatures in Georgia
• 2. Types of Electronic Signatures Recognized in Georgia
• 3. Electronic Signatures in Private Relations
• 4. Challenges and Limitations
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In recent years, the use of electronic signatures has become an essential component of digital transactions across the globe, including in Georgia. With the country's increasing digitalization and the push towards a more paperless environment, electronic signatures are playing an increasingly prominent role in both business and private relations. This article delves into the legal framework governing electronic signatures in Georgia, their use in private relations, and the practical implications of their adoption.

1. The Legal Framework for Electronic Signatures in Georgia

Georgia has made substantial efforts to align its legal framework with international standards in the field of electronic signatures. The primary legislation governing the use of electronic signatures in Georgia is the law about electronic documents and electronic trusted services, which provides a clear structure for their validity, use, and recognition in the country.

Under this law, an electronic signature is defined as a set of electronic data that is attached to or logically linked to an electronic document and is used to sign the electronic document. It isrecognized as legally binding, provided certain conditions are met. These conditions include the use of a secure digital signature, which ensures that the identity of the signatory is verifiable and that the document has not been altered after signing.

In addition to the the law about electronic documents and electronic trusted services, Georgia is also a signatory to the UN Convention on the Use of Electronic Communications in International Contracts (2005), which further solidifies the country's commitment to facilitating international electronic transactions.

2. Types of Electronic Signatures Recognized in Georgia

Georgia distinguishes between different types of electronic signatures, each varying in terms of security and legal weight. These include:

• Simple Electronic Signature (SES): This is the most basic form of electronic signature. It may include scanned signatures, email signatures, or any other form of electronic mark, provided it is sufficient to identify the signer. While an SES may be useful for informal agreements, it does not carry the same legal weight as more advanced signatures and is more prone to disputes.
• Advanced Electronic Signature (AES): An AES is a more secure and reliable form of electronic signature. It must be created using a secure signature creation device (SSCD) that links the signatory to the signature in a unique and verifiable manner. The AES is typically used for high-stakes agreements and can be legally upheld in court.
• Qualified Electronic Signature (QES): This is the highest level of electronic signature and is equivalent to a handwritten signature under Georgian law. The QES is issued by an accredited certification authority and provides the highest level of security. It is widely used in official documents and government-related processes. A QES is often required for contracts involving substantial financial transactions or legal obligations.

3. Electronic Signatures in Private Relations

In the context of private relations, electronic signatures are becoming more widely accepted as a valid and convenient means of executing agreements, contracts, and other documents. The use of electronic signatures in private transactions, such as rental agreements, employment contracts, and personal loans, can significantly reduce administrative burdens, improve efficiency, and eliminate the need for physical paperwork.

Advantages for Private Parties

• Convenience and Speed: The ability to sign documents electronically allows for faster execution of contracts and agreements, regardless of geographical location.
• Cost-Efficiency: Reducing the need for paper, printing, postage, and in-person meetings can lower transaction costs.
• Security: With AES and QES options, parties can ensure that the documents are secure, and the identity of the signatories is verified, reducing the risk of fraud.
• Environmental Impact: The adoption of electronic signatures contributes to a more sustainable and eco-friendly approach to business and personal transactions.

Legal Recognition of Private Contracts

In Georgia, private agreements executed using electronic signatures are recognized as legally binding.

While current legal practices do not explicitly mention electronic signatures, the Supreme Court has indicated that contracts formed through electronic means can be validly concluded in several ways. These include checking a consent box on a pre-made contract form or by negotiating and agreeing on the key terms through electronic correspondence, with subsequent notification of the acceptance to the other party. In such cases, the critical factor is that the acceptance, as an expression of the signatory's intent, is within the other party's control and that the acceptance is perceptible to them. Essentially, the form of acceptance must allow the other party to recognize the response of the party giving consent. Contracts formed through email are thus regarded as a form of written contract, as supported by academic legal doctrine. Email is widely accepted as a reliable method for concluding agreements, functioning similarly to traditional mail by enabling the exchange of offers and acceptances, along with other communications like advertisements. When a party accepts an offer via email, this forms the basis for establishing contractual obligations. The use of email for such transactions provides clear documentation, confirming the identity of the signatory and their expressed intent, thus making an email agreement equivalent to a written contract.

Under Article 2(a) of Georgia's Law on Electronic Documents and Electronic Trustworthy Services, an electronic document is defined as information in textual, sound, visual, or audiovisual form, stored electronically. According to Article 4.2 of the same law, electronic documents are legally valid in all cases where a physical written document would typically be required, unless a different legal requirement exists. This clarification affirms that electronic documents, including those created via electronic communication, are treated as equivalent to written documents. This strengthens the argument that contracts concluded through email should be considered written contracts. Even without these specific legal provisions, a deeper look into the nature of oral and written contracts suggests that agreements formed through mutual offers and acceptances made via email fall squarely within the legal framework of written contracts.

Georgian law and legal practice support the validity of electronically signed agreements, recognizing them as equivalent to written contracts when key legal requirements are met. As long as the signatory’s intent is clearly expressed and perceptible to the other party—whether through email, consent boxes, or other electronic means—the contract is legally binding. It is advisable to indicate in the contract, or in legal document by which means parties ar going to sign the contract. The legal framework, particularly the Law on Electronic Documents and Electronic Trustworthy Services, confirms that electronic documents and signatures can fully replace traditional written forms, providing a solid legal basis for the use of electronic signatures in private agreements.

4. Challenges and Limitations

While electronic signatures offer numerous advantages, there are challenges that need to be addressed, particularly in the private sector.

• Public Awareness and Adoption: Despite the legal framework being in place, there may still be a lack of understanding or trust in electronic signatures among some private parties. This can hinder their widespread adoption, particularly among individuals or small businesses not yet familiar with digital solutions.
• Technology Barriers: The use of advanced or qualified electronic signatures requires access to specialized technology, such as digital certificates and secure signature creation devices. In Georgia, as in many other countries, there may be technological limitations, especially for individuals or organizations that lack the infrastructure to implement such systems.
• Legal Enforcement in Cross-Border Transactions: While Georgia has adopted international conventions regarding electronic communications, challenges may still arise when dealing with cross-border contracts. Not all jurisdictions accept electronic signatures with the same legal weight, which could complicate the enforcement of agreements in international private relations.
• Submission to public institutions: The documents and contract which are mandatory to be submitted or performed in   the House of Justice and other public institutions, a qualified electronic signature is required for the authenticity of the document. Documents/contracts signed by simple electronic signature or advanced electronic signatures will not be considered valid for the purposes of performing them in Georgian Public Registry. 

Electronic signatures have proven to be a valuable tool in Georgia's legal landscape, particularly in private relations. While the legal framework provides robust support for their use, challenges such as technology adoption and cross-border recognition remain. With continued education and improvements in digital infrastructure, electronic signatures are poised to play an even more prominent role in simplifying and securing private transactions in Georgia.

As the country’s digital ecosystem matures, individuals and businesses alike will benefit from the convenience, security, and efficiency that electronic signatures provide—making them a key element of the future of private relations in Georgia.
 

Author: Iashagyan Oksana

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