Electronic Signature Laws & Regulations - Luxembourg

Note:

As a European Union (EU) Member State, Luxembourg is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Overview

In general, the use of electronic signatures and certificate-based digital signatures is becoming more common in Luxembourg, as it eases contracting processes in a digital environment. Next to the eIDAS Regulation, the key laws that govern electronic signatures in Luxembourg include:

  • The Luxembourg Law of 14 August 2000 on electronic commerce (eCommerce Law) which transposed the EU Directive 2000/31/CE on e-commerce into Luxembourg law;
  • The Law of 17 July 2020 which amended the e-Commerce Law to better conform to the eIDAS Regulation;
  • The Luxembourg Civil Code article 1322-1, which was introduced by the eCommerce Law; and
  • Article 16 of the Luxembourg Code of Commerce which states that a document may not be rejected by the court solely because it is in electronic form.

In Luxembourg, the requirements for a valid electronic signature are fulfilled when the electronic signature can be regarded as:

  1. A set of data, inseparably linked to the deed, which guarantees its integrity, and which allows the identification of the person who appends it and indicates his/her agreement with the content of the deed; or
  2. A qualified electronic signature (QES).

Due to the coexistence of the eIDAS Regulation and the provisions of the eCommerce Law, in Luxembourg, a contract signed with a QES is presumed equivalent to a contract signed with a handwritten signature. Accordingly, a QES qualifies as an original signature and is presumed to be valid. However, if challenged, contracts signed with an advanced electronic signature (AdES) or a simple electronic signature may require additional proof that they meet the requirements for integrity and validity per Article 1322-1 of the Civil Code with an AdES having a lower burden of proof than a simple electronic signature.

The general rule in Luxembourg is, except for situations where Luxembourg law mandates handwritten signature (see below), documents or agreements may be electronically signed in Luxembourg. Although Luxembourg law does not ordinarily provide which type of signature must be used to electronically sign a document or agreement, note that for certain specific use cases, there may be an indirect obligation to use a QES. For example, it is best practice to use a QES when a law or regulation in Luxembourg imposes an explicit obligation to date, send by registered mail or to retain (archive) a given document. Additionally, when an original document is required by law, a QES is the only form of electronic signature that meets this requirement.

Note:

EU Member States have the obligation to establish, maintain and publish trusted lists of Qualified Trust Service Providers (QTSPs) and the qualified trust services provided by them. A QTSP certified in any EU Member State will be recognized as a QTSP by all other Member States. Accordingly, no EU Member State may question the qualified status once a QTSP has been added to the trusted list by the supervisory authority of another Member State. The list of QTSPs for Luxembourg is available at: https://webgate.ec.europa.eu/tl-browser/#/tl/LU.


Special Considerations

Transacting with public sector entities
For certain administrative formalities, government entities may require that a specific electronic service be used. For example, the electronic filing of documents with the Luxembourg Trade and Companies Register may only be carried out through a specific e-signature service provider chosen by the corresponding government entity.

In Luxemburg, electronic signatures cannot be used on documents if the law requires the intervention of the court, involvement of the government or an authority or profession exercising a public service mission such as:

  • Certain sales of a debtor's assets by the liquidator in the event of bankruptcy;
  • Certain documents that require prior authorization or a license;
  • Certain contracts to be concluded by public authorities which have to be submitted to a supervisory authority for approval;
  • Long-term leases (by notarial deed); and
  • Public auction of seized goods administered by a judicial officer or a notary.

Use cases that generally require a traditional handwritten signature
In Luxemburg, certain contracts are excluded from the general rule that documents may be electronically signed and thus require use of a handwritten signature. Examples include:

  • Contracts for which the law requires the intervention of courts, public authorities or professionals exercising public authority;
  • Contracts which create or transfer rights in immovable property, with the exception of rental rights;
  • Contracts for personal and real guarantees given by persons acting for purposes other than their trade, business, or profession;
  • Contracts governed by family law or inheritance law; and
  • Notarized deeds.
Note:

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures. However, Adobe cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Adobe provides this material on an "as-is" basis. Adobe disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

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