Electronic signature law in commercial contracts in North Macedonia

The formal requirements of written legal statements shall be satisfied if (i) the statement is provided in hard copy; and (ii) it is signed with a handwritten signature. 

The generally acceptable electronic signature is deemed a substitute for the written form if: 

1. it may be linked to the signatory solely; 
2. the signatory may be identified with certainty;
3. it is created using data and means for generally acceptable electronic signature, which are controlled by the signatory solely; 
4. it is linked to the data signed therewith in such a manner every subsequent change in the data is detectable. 

1. Sale and purchase agreements or a gift agreement for obtaining ownership over real estate; 
2. Agreements on installment payments;
3. Agreements regarding neighboring rights (tenants of a building);
4. Statement on guarantee;
5. Construction agreements;
6. Agreements on transfer of copy rights;
7. Agreements on representation;
8. Lifetime support agreements;
9. Statements from the user of life insurance;
10. Credit agreements;
11. Statements for opening a bank account; etc.

According to the provisions for digital archiving and storage of electronic documents, a digital archive means storing of electronic documents in its original form. Such documents are stored in an informational system on a media which allows permanent storing of data. 

Electronic documents should be certified with an electronic signature. 

Electronic documents should be available in a legible form at any moment to the persons authorized to access the documents. 
The manner of storing should ensure their accuracy and completeness and provide guarantee that the documents cannot be altered or deleted. Furthermore, the manner of storing should allow ascertaining:

1. the origin of the documents, 
2. the author, 
3. the time, 
4. the form, and 
5. the manner of storing. 

The procedures for maintenance and changing the storing media should not endanger the integrity of the documents.

Most of the court practice in this area refers to the validity of public procurement documentation submitted to the economic operator. Namely, in some cases the economic operator has rejected electronically signed tender documentation due to a non-valid electronic signature. In the Court Decision U-5 No. 882/2017, the Administrative Court accepted the plaintiff's appeal and ascertained that there was no basis for rejecting the plaintiff's public procurement documentation due to non-validity of the electronic signature, which was signed by a person duly authorised by the responsible person within the plaintiff (applicant in the public procurement procedure).

Some state bodies still accept only documents with wet ink signatures (e.g. Real Estate Cadaster, Employment Agency, etc.)

• Law on Data in Electronic Form and Electronic Signature, Official Gazette of Republic of North Macedonia nos. 34/2001, 6/2002, 98/2008 и 33/2015, and 244/2019;
• Law on Contracts and Torts, Official Gazette of North Macedonia nos. 18/2001, 4/2002, 5/2003, 84/2008, 81/2009, 161/2009, and 123/2013;
• Bylaw on the conditions that should be met by the means for signing electronically, and confirmation of the electronic signature, Official Gazette of Republic of North Macedonia no. 71/2001;
• Decree on establishing and manner of using the informatic system for processing of data in electronic form and electronic signature for import, export and transit of goods, Official Gazette of Republic of North Macedonia no. 134/2008.