use of a qualified trust service; and
iii. the measures to be implemented by users of a qualified trust service, and the necessary technology for safe use of qualified trust services.
Trust Services Providers
Trust services may be non-qualified and qualified. A trust service provider can be a natural or legal entity who provides one (1) or more trust services, while a qualified trust service provider is a trusted service provider who provides one (1) or more qualified trusted services and whose status of a provider of qualified trust service is assigned by the Minister of Information Society and Administration by registration in the Register of Trust Service Providers and Electronic Identification Schemes (Register).
A trust service provider must submit a request to the Ministry of Information Society and Administration for registration in the Register for registration in the Register, before commencing the provision of qualified trust services. The Ministry of Information Society and Administration will issue a decision on the registration of the applicant in the Register, granting the status of a qualified trust service provider to the relevant trust service provider, within 60 days from the date of receipt of the request, if it is complete, and based on the claims contained in the conformity assessment report. If the applicant or the services listed in the request fail to fulfil the conditions prescribed by the law, the Ministry of Information Society and Administration will issue a decision on refusal of the request for registration in the register after the expiration of the deadline determined.
Electronic identification schemes must be registered in the Register used by public authorities. The Ministry of Information Society and Administration may register in the Register foreign legal entities registered as trust service providers or issuers of electronic identification schemes at the European Union level or in a member state of the union. Schemes created by private legal entities must comply with high security level in order to be registered in the Register.
Please follow this link to a list of the registered trust service providers in North Macedonia.
Legal consequences to a contract in case of not fulfilling formal requirements
Pursuant to the Law on Obligations, an agreement that is not in accordance with the Constitution, laws and good customs is null and void, unless the purpose of the violated rule does indicate another sanction or if the law in the particular case does not provide otherwise. If entering into a contract is prohibited for only one (1) of the contracting parties, the contract will remain valid, unless the law provides otherwise for the particular case, while the party that has violated the legal prohibition shall bear the appropriate consequences.
Additionally, parties to a contract can agree that a special form be a condition for the validity of their contract. A contract not entered in the prescribed form will not be binding, unless the purpose of the regulations determining the form indicates otherwise. As well as a contract not entered in the stipulated form has no legal effect where the parties have conditioned the validity of the contract on the use of that particular form.
Usual practice of signing contractual agreements in the B2B sector
In general, contractual agreements in the B2B sector in North Macedonia are signed with a handwritten signature. Pursuant to the Law on Obligations, to enter into a bilateral agreement, it is sufficient that the two (2) parties sign one (1) contract or that each party signs the copy of the contract intended for the other party. Any other way or form of transmission of messages that secures the integrity of the text and provides identification of the source while using generally accepted means will have