Are Electronic Signatures Legal in Portugal?

Yes, electronic signatures are legally recognized in Portugal. Since 2009, they have been accepted under Decree-Law No. 290-D/99 and the Electronic Signature Ordinance. As part of the European Union, Portugal also follows the eIDAS Regulation, which governs trust services and electronic identification across member states.

This guide covers:

• The legal framework for e-signatures in Portugal
  
  
• Types of electronic signatures recognized under eIDAS
  
  
• Use cases and exceptions
  
  
• Specific requirements for SES, AES, and QES
  
  
• Trusted Service Providers (TSPs) in Portugal
  

Legal Framework

Portugal recognizes the validity of e-signatures through a combination of local laws and EU regulations, including:

• Decree-Law 7/2004 (e-Commerce Law): Confirms the freedom to enter contracts electronically.
  
  
• Decree-Law 12/2021: Regulates the validity, effectiveness, and evidentiary value of electronic documents.
  
  
• Law No. 96/2015: Covers public procurement via electronic platforms.
  
  
• eIDAS Regulation (EU No. 910/2014): Applies to all EU countries, including Portugal, and sets legal standards for trust services and e-signatures.
  

Civil Code Provisions

Under Article 219 of the Portuguese Civil Code and Article 3(4) of the Electronic Signature Decree-Law, a written signature is not always required for contract validity. However, to enforce a contract in court, organizations often rely on a digital audit trail, which is admissible as evidence under Article 368.

Types of E-Signatures Recognized in Portugal

Portugal adheres to the three-tier classification under eIDAS:

1. Standard Electronic Signature (SES)

• Examples: Typed name, click-to-agree checkbox, email signature
  
  
• Legally valid but offers the least security
  

2. Advanced Electronic Signature (AES)

• Unique to the signer
  
  
• Capable of detecting tampering
  
  
• Signer retains control of the signature
  

3. Qualified Electronic Signature (QES)

• Legally equivalent to handwritten signatures
  
  
• Must be created using a Qualified Signature Creation Device (QSCD)
  
  
• Issued by a Trust Service Provider (TSP) listed in Portugal’s official TSP registry
  

Common Use Cases for E-Signatures in Portugal

E-signatures can typically be used for:

• Financial agreements: Loans, insurance contracts (under EUR 25,000)
  
  
• Employment documents: Offer letters, onboarding forms
  
  
• Procurement contracts: NDAs, service agreements
  
  
• Healthcare paperwork: Treatment consent forms
  
  
• Consumer transactions: E-commerce, purchase orders
  

When Wet Ink or QES Is Required

Some scenarios still require handwritten or qualified signatures:

• Family law contracts
  
  
• Real estate transactions
  
  
• Court-involved contracts or those requiring notary authentication
  
  
• Public procurement processes
  
  
• Contracts concerning collateral securities
  

Requirements for Using AES and QES in Portugal

Advanced Electronic Signature (AES)

• Must uniquely identify the signer
  
  
• Must be tamper-evident
  
  
• Signer must maintain control of the signature
  

Qualified Electronic Signature (QES)

• Created using a QSCD (smart card, USB token, or mobile app)
  
  
• Requires a certificate from a Qualified Trust Service Provider
  

Trusted Providers in Portugal

Qualified TSPs include:

• CEGER
  
  
• AMA
  
  
• ACIN iCloud Solutions
  
  
• DigitalSign
  
  
• MULTICERT
  
  
• NOS Comunicações
  
  
• Instituto dos Registos e do Notariado I.P.
  

Check Portugal’s Trusted List for updates.

Disclaimer

The information in this article is provided for general informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change. We recommend consulting a qualified legal professional to confirm how electronic signature laws apply to your specific circumstances in Portugal.

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