E-signatures in commercial contracts in Portugal

An electronic document satisfies the legal requirement to be concluded in written form when its content is capable of representation as a written declaration. Furthermore, when a qualified electronic signature certified by an accredited certifying body is affixed to the electronic document, the electronic document concerned will have the same full and complete probative power of a private document signed with a public notary office (meaning that it creates the presumption that: (i) the person who affixed the qualified electronic signature is the holder of such signature or a representative of the holder; (ii) the signature was affixed with the intention of signing the electronic document; and (iii) the electronic document did not change since the qualified electronic signature was affixed).

All other forms of electronic signature afixed on an electronic document (other than the qualified one) are deemed to be equivalent to an autograph signature affixed on a paper form document.

• Real estate sale and purchase Agreements; 
• Leasing Contracts;                                                                    
• Contracts relating to corporate; pre-emption rights, re-purchase rights, purchase options and sell options; 
• Licence and transfer rights, contracts on copyrights;  
• Contracts on mortgages and pledges; 
• Contracts on security deposits; 
• Consumer Financing agreements;              
• In general, all legal statements subject to public registry.

The written form may also be required by other Serbian laws (e.g. an agreement on the transfer of certain other types of intellectual property), and certain agreements must be notarised in accordance with the applicable relevant Serbian laws (e.g. agreement on sale and purchase of real estate).

No.

Judgment of the Portuguese South Central Administrative Court, of 19 June 2019 (law case nº. 2226/18.1BELSB), on the obligation for electronic signatures to be qualified in the context of public procurement.

In agreements where the form of public deed is required, for example in Real Estate purchase and sale agreements. 

Decree Law nº. 290-D/99, of 2 August 1999, as amended and republished by:

1. Decree Law nº. 62/2003, of 3 April 2003 (which made the regime established in Decree Law nº. 290-D/99 compatible with the European Union Electronic Signatures Directive (1999/93/EC));
2. Decree Law nº. 165/2004, of 6 July 2004;
3. Decree Law nº. 116-A/2006, of 16 June 2006; and
4. Decree Law nº. 88/2009, of 9 April 2009 (“RJDEAD”).