ELECTRONIC SIGNATURE: LEGAL AND PRACTICE REVIEW OF THE REPUBLIC OF SERBIA
ELECTRONIC SIGNATURE: LEGAL AND PRACTICE REVIEW OF THE REPUBLIC OF SERBIA

Summary/Abstract: In the modern world, everything has digitalized with time. From online shopping, banking to automation of complex business functions, everything is digital today, and it lays the foundation of our future as well. One of the things that has become more popular and at the same time about which debates have taken place is electronic signatures or e-signatures. This is because in today's practice of contractual legal transactions dealing with terms such as, electronic signature, digital signature, e-signing software, e-signing solution, advanced electronic signature, qualified electronic signature, has become normal. The purpose behind these terms is that they primarily stand for the ability to transform a hard copy document into a digital document or record. An electronic signature is an electronic tool - often a sound, symbol or process - linked to a contract, document, or other record. As such, electronic signature today has taken place in the vast majority of countries around the world gaining the same weight and legal effect as a traditional paper document with a pen and ink signature. Such an extension of electronic signature has resulted in the adoption of legal rules in these countries, which given the tradition of different systems belonging to the states, has resulted in a variety of solutions which occasionally differ substantially between themselves. This was the reason why, at the global level, discussions and preparations for the drafting of rules of international character began, which will provide answers to the controversial issues for electronic signatures on cross-border transactions. In this regard, UNCITRAL is distinguished by model laws and the European Union by directives and regulations for its member states. The objectives of this article are as follows: (1) to identify the need for establishing a legal framework for electronic signatures; (2) to present the overview of the legal framework of the Republic of Serbia regarding the electronic signature; (3) to provide a concise summary of the procedure of getting electronic signature; (4) to explain the problems and challenges faced by the use of electronic signatures in Serbian contractual practice. The authors have achieved these objectives through the review of legal regulations and practice in the Republic of Serbia.

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