Electronic Signature in Georgia

Overview of Electronic Signatures in Georgia

In Georgia, electronic signatures are legally regulated to facilitate secure digital commerce, corporate governance, and administrative procedures. The primary legislative framework is the Law of Georgia on Electronic Documents and Electronic Trust Services, which harmonizes Georgian regulations with European standards, specifically the EU eIDAS Regulation (No 910/2014).

Classification of Electronic Signatures

Georgian law distinguishes between different levels of electronic signatures based on security and cryptographic verification:

• Simple Electronic Signature: Basic electronic data attached to or logically associated with other electronic data, used by the signatory to sign (e.g., email approvals or scanned handwritten signatures). While contractually permissible for basic agreements under freedom of contract, it lacks automatic legal presumption of authenticity.
• Advanced Electronic Signature: Uniquely linked to the signatory, capable of identifying them, created using electronic signature creation data under the signatory's exclusive control, and linked to the signed data in a manner that detects subsequent changes.
• Qualified Electronic Signature (QES): An advanced electronic signature created by a qualified electronic signature creation device and based on a qualified certificate for electronic signatures issued by an accredited trust service provider. Under Georgian law, a QES has the equivalent legal effect of a physical, handwritten wet signature and is universally admissible as evidence in court.

Institutional Oversight and Digital ID Integration

The State Services Development Agency (SDA), operating under the Ministry of Justice of Georgia, serves as the central body issuing qualified certificates for Georgian citizens and resident permit holders. Qualified digital certificates are stored directly on the cryptographic chip of the Georgian biometric ID card or temporary residence card, accessible using an official smart card reader and PIN codes.

Real Estate Transactions and Legal Limits

While preliminary sales-and-purchase agreements (SPAs), commercial leases, and service contracts can be executed using qualified electronic signatures, property title transfer in Georgia requires registration with the National Agency of Public Registry (NAPR).

For NAPR registration, contracts must either be signed in person at the Public Service Hall or signed via authorized remote mechanisms:

1. Power of Attorney (PoA): Executed abroad with an apostille/legalization or via an online video call with a Georgian notary.

2. Qualified Electronic Signature: Accepted for specific electronic portal submissions where both parties hold valid Georgian QES credentials issued by the SDA.

Standard foreign third-party electronic signature platforms are often used in commercial discussions, but NAPR generally requires formal notarization or verified Georgian QES credentials for property rights registration.

A resident foreign investor in Tbilisi purchases an off-plan apartment from a developer. Instead of meeting in person, the buyer uses their Georgian residence ID card, a USB smart card reader, and their SDA-issued PIN to execute a Qualified Electronic Signature (QES) on the preliminary sales agreement. The developer, using their corporate digital certificate, signs the electronic PDF contract. The resulting document is legally binding under Georgian law and holds equal legal weight to a physical document signed in person.