Legality of eSignatures in Algeria

Background
What is an electronic
signature
Forms of electronic
signatures
Overview of electronic
signatures regulatory framework
in Algeria
Legal validity of an
electronic signature
Summary analysis
The scope and
limitations of electronic
signature transactions
Summary scope of
limitations
How does BoldSign help

Background

The adoption of electronic signature technology has notably streamlined the contract execution process within Algeria and beyond its borders. This advancement has accelerated commercial transactions and supported environmental efforts by minimising the reliance on paper. Identifying the crucial components for the successful application of electronic signatures within Algeria remains imperative.

It is critical for both businesses and individuals to engage with an electronic signature service provider that is compliant with Algerian legislation. Such providers are required to adhere to the standards set forth in Law No. 15-04 of 11 Rabie Ethani 1436, which acknowledges electronic signatures as being legally equivalent to their handwritten counterparts. However, certain documents might still necessitate a physical signature, and legal mandates may vary regionally. For ensured adherence to the law, seeking advice from a legal expert is recommended.

Prioritizing the safety of eSignature technology is paramount. Selecting a provider that enforces stringent security protocols, including encryption, authentication measures, and comprehensive audit logs, is crucial for preventing unauthorized access and for confirming the legitimacy of signed documents. BoldSign is committed to upholding such stringent security criteria that align with the industry’s established standards.

In conclusion, while eSignatures are increasingly accepted and offer numerous advantages, it is crucial to focus on legal conformity and security measures and choose a user-friendly platform that enables their smooth integration into Algeria’s digital landscape.

What is an electronic signature

An electronic signature, within the framework of Algerian regulations, is defined as a piece of electronic data that is connected or logically linked with other electronic information used by the signatory to execute a signing action. Upon satisfying the required legal standards, these Electronic Signatures are deemed to hold the same weight and legality as traditional ink-based signatures.

Forms of electronic signatures

An electronic signature encompasses a variety of digital forms attached to an electronic document or procedure. These forms can be:

Using app login credentials to give permissions.
Signing with a stylus or finger on a touchscreen device.
Entering a name into an email as a form of signing off.
Confirming Agreement on a web page with a click post-verification.
Adding a digitised image of a handwritten signature.
Employing a spoken command to serve as an oral consent.

Overview of electronic signatures regulatory framework in Algeria

Electronic signatures are considered just as valid as traditional wet-ink signatures; however, their use is subject to specific regulations spelled out in:

Law No. 15-04 of 11 Rabie Ethani 1436¹
Law No. 18-05 of 24 Chaâbane 1439 on electronic commerce²

The regulation categorises the signatures into two categories:

Standard Electronic Signatures
Qualified Electronic Signatures

A standard electronic signature is defined to be any data in electronic form, attached or logically associated with other data in electronic form, used by a signatory to sign³.

A qualified electronic signature is explained as an electronic signature that is⁴ :

Uniquely linked to the signer.
Capable of identifying the signatories.
Developed using means that the signatory can maintain his control and
Linked to the data it relates to so that any subsequent change is detectable.

Uniquely linked to the user

A secure electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods only the signer can access, such as a private key and confidential information to verify their identity.

Use and incorporation remain in their sole control

The individual employing the Advanced electronic signature must exclusively manage signatures’ creation tools . This generally involves handling a pair of cryptographic keys or dual-factor authentication, where the signatory is the sole possessor of the private key, preventing unauthorized signature replication.

Identify the signatory

The method employed to generate the signature should be able to verify the signatory’s identity. This could involve the application of a biometric signature, a Personal Identification Number (PIN), an email address, or a company registration number.

Track down alterations made after signing

Maintaining the integrity of the signed document is crucial. Any alterations to the document after it has been signed must be detectable. Typically, this is achieved using an audit trail. An audit trail document contains the I.P. address, of the signer, timestamps of significant signing moments, and the location, offering evidence of the signer’s identity, timing, and place.

Legal validity of an electronic signature

The legislation establishes that a qualified electronic signature is legally recognised with the same validity as a traditional wet-ink signature⁵.

Additionally, an electronic signature cannot be dismissed as evidence just because it is electronic, lacks a qualified electronic certificate, or was not produced using a secure signature creation device. Hence, a standard electronic signature will be considered legitimate when proof that it complies with legal requirements regarding the preservation of the evidence’s integrity, as well as verifying the identities and intentions of the users involved⁶ is presented.

Summary analysis

Law No. 15-04 of 11 Rabie Ethani 1436

Unique feature

Unique features

Legal validity
Art. 8 & 9

Standard Electronic Signature

N/A

Dependent on evidentiary weight.

Qualified Electronic Signature

Supported by a qualified certificate.
Uniquely linked to the signer,
Capable of identifying the signatories,
Developed using means that the signatory can maintain his control and
Linked to the data it relates to so that any subsequent change to the data is detectable.

Valid unless the contrary is proven.

Type of electronic signature	Unique feature	Legal validity Art. 8 & 9
Standard Electronic Signature	N/A	Dependent on evidentiary weight.
Qualified Electronic Signature	Supported by a qualified certificate. Uniquely linked to the signer, Capable of identifying the signatories, Developed using means that the signatory can maintain his control and Linked to the data it relates to so that any subsequent change to the data is detectable.	Valid unless the contrary is proven.

The scope and limitations of electronic signature transactions

The legal recognition of electronic signature transactions for document completion is not universally accepted. As a result, electronic signatures are acceptable for certain types of transactions and applications, while unacceptable for others. An analysis is provided below.

Documents that can be signed

Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:

Human Resources
Procurement
Non-Disclosure Agreements
Software License Agreements
End User Agreements
Educational Field.

Exempted transactions

Under the Algerian Electronic Commerce law, transactions that cannot be concluded by electronic means are such as⁷:

Gambling, betting, and lotteries.
Transactions dealing with alcoholic beverages and tobacco.
Transactions dealing with pharmaceutical products.
Products that infringe intellectual, industrial, or commercial property rights.
Any goods or services prohibited by current legislation.
Any transactions in goods or services that require an official deed.

Authentic acts can be construed as those that satisfy a given legal requirement, such as statutory declarations, notaries, testamentary documents, powers of attorney, deeds, and court transactions.

Summary scope of limitations

Permissible transactions

Exempted transactions

Human Resources
Procurement
Non-Disclosure Agreements
Software License Agreements
End User Agreements
Educational Field.

Gambling, betting, and lotteries.
Transactions dealing with alcoholic beverages and tobacco.
Transactions dealing with pharmaceutical products.
Products that infringe intellectual, industrial, or commercial property rights.
Any transactions in goods or services that require an authentic act, e.g. notaries, deeds, powers of attorney, testamentary documents, and court transactions.

Permissible transactions	Exempted transactions
Human Resources Procurement Non-Disclosure Agreements Software License Agreements End User Agreements Educational Field.	Gambling, betting, and lotteries. Transactions dealing with alcoholic beverages and tobacco. Transactions dealing with pharmaceutical products. Products that infringe intellectual, industrial, or commercial property rights. Any transactions in goods or services that require an authentic act, e.g. notaries, deeds, powers of attorney, testamentary documents, and court transactions.

To ensure the legitimacy of an electronic signature, it is advised to follow these best practices while also fulfilling all pertinent legal requirements:

Authenticate the signatory’s identity and, in commercial transactions, verify their authority to act on behalf of the company in signing the document.
Secure clear approval from the individual providing the signature, which should be documented within the contract or an associated legal document, to confirm their acceptance of using the specified electronic signature for the document.
Protect the document from any changes after applying the electronic signature.
Keep a comprehensive log of the signing process, capturing each step the individual signing performs.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Algerian eSignature laws:

Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This helps ensure that the document is only accessed by the intended signer and cannot be tampered with.
Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds a layer of security to the signing process.
Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
Digital signature:The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
Consent: Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.
Custom terms: Getting your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.

Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal 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, Syncfusion provides this material on an “as-is” basis. Syncfusion 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.

Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.

Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form.

¹ Algeria Law No. 15-04 of 11 Rabie Ethani 1436 [https://ictpolicyafrica.org/en/document/pi5t12ztfxl?page=4&raw=true]
² Loi n° 18-05 du 24 Chaâbane 1439 correspondant au 10 mai 2018 relative au commerce électronique. – [https://www.droit-afrique.com/uploads/Algerie-Loi-2018-05-commerce-electronique.pdf]
³ Loi n° 15-04 du 11 Rabie Ethani 1436 correspondant au 1er fÈvrier 2015 fixant les rËgles gÈnÈrales relatives ‡ la signature et ‡ la certification Èlectroniques -Art 2(1)- [https://ictpolicyafrica.org/en/document/pi5t12ztfxl?page=4&raw=true]
⁴ Ibid, Art. 7
⁵ Ibid. Art. 8
⁶ Ibid. Art. 9
⁷ Loi n° 18-05 du 24 Chaâbane 1439 correspondant au 10 mai 2018 relative au commerce électronique. – Art. 3 – [https://www.droit-afrique.com/uploads/Algerie-Loi-2018-05-commerce-electronique.pdf]

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