Legality of eSignatures in Bermuda

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Background

Electronic signatures are rapidly transforming the document authentication landscape in Bermuda and around the world. They offer efficient and environmentally conscious methods of signing documents, accelerating the completion of various transactions.

For successful adoption in Bermuda, it is crucial to select an electronic signature solution that complies with the nation’s legal requirements, specifically the Electronic Transactions Act1. This helps ensure that electronic signatures have legal validity comparable to handwritten signatures2 in Bermuda. However, it is essential to recognize that some documents may still require a physical signature. Legal requirements may also vary depending on the circumstances, so seeking legal advice is recommended.

The importance of electronic signature security cannot be overlooked. Service providers should offer robust security measures, including encryption, signer authentication, and detailed audit trails to prevent unauthorized access and preserve document integrity. BoldSign provides these security features, helping users meet both legal and security requirements.

To successfully adopt electronic signatures, businesses in Bermuda should prioritize legal compliance, strong security measures, and an intuitive electronic signature solution. This approach helps improve efficiency while protecting business transactions.

Overview of the regulatory framework

The use of electronic signatures and transactions within Bermuda is governed by the Electronic Transactions Act3.
Under the Act, electronic signatures and transactions have the same legal validity as handwritten signatures, provided both parties consent to their use4-5. Electronic transactions also cannot be denied legal effect or evidentiary value solely because they are in electronic form6.
Where the law requires information to be in writing, an electronic record satisfies that requirement if the information remains accessible and can be retained for future reference.

The regulation categorizes electronic signatures into:

  • Standard electronic signature
  • Electronic signature associated with an accredited certificate.

A standard electronic signature is electronic data attached to, or logically associated with, other electronic information that a signatory uses to indicate acceptance of that information. It must meet the following requirements:

  • Be uniquely linked to the signer.
  • Be capable of identifying the signer.
  • Be created using means that remain under the signer’s sole control.
  • Be linked to the information so that any subsequent changes are detectable.
An electronic signature associated with an accredited certificate is an electronic signature that is associated with an accredited certificate issued by an authorized certification service provider.
This type of electronic signature may be used wherever the law requires a signature7.

Validity standards of electronic signatures

Uniquely linked to the signer​

An advanced electronic signature must be uniquely linked to the signer. It should be created using methods that only the signer can control, such as a private key and confidential information, to help verify the signer’s identity.

Created under the signer's sole control

The person using the advanced electronic signature must have sole control over the method used to create it. This typically involves a key pair or two-factor authentication, with the signer exclusively controlling the private key to help prevent unauthorized use.

Identify the signer

The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a Personal Identification Number (PIN), an email address, or even a company registration number.

Detect changes made after signing

It is essential to preserve the authenticity of the signed document. Any changes made after signing should be detectable. This is commonly accomplished through an audit trail, which records the signer’s IP address, timestamps of key signing events, and location to provide evidence of the signer’s identity, the time of signing, and where the signature was applied.

Validity standards of legal requirement for signature

To meet a legal obligation and requirement for electronic records, it is required that the method used8:
  • Identify the signer and indicate their intention to sign or adopt the information.
  • Be reliable and appropriate for the purpose for which the signature is used.
An electronic signature that meets these requirements cannot be denied legal validity solely because it is not recognized as an electronic signature under the Act or because it is not associated with an accredited certificate9.

Recognition of foreign certificates

Certificates issued outside Bermuda may be recognized if the Minister determines that:
  • They meet the same requirements as an accredited certificate in Bermuda.
  • The certifying body meets the standards of an authorized certification service provider.
After payment of the required fees, these certificates are treated as accredited and may be used accordingly.
The Minister may also revoke the recognition of a foreign certificate by publishing a notice in the Gazette. Before doing so, the Minister must notify the affected entity, explain the reasons for the proposed revocation, and allow 14 days for written objections. The Minister must consider any objections before making a final decision10.

Summary analysis

Under the Electronic Transactions Act 1999 [1999], as amended in 2011

Type of EsignatureFeaturesUnique featuresValidity standardsConditions for recognition of foreign certificates and signatures
Standard Electronic Signature
  • Uniquely linked to the signatory,
  • Capable of identifying the signatory,
  • Created 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.
 N/A
  • Identifies the user and the intention to sign or adopt the information.

  • It is reliable and appropriate for the signature.
  • Valid for the jurisdiction of origin.
  • The certifying body meets the standards of the authorized certifying body.
  • Meets the same obligations as an accredited certificate in Bermuda.
  • Payment of requisite fees.
Electronic signatures associated with an accredited certificate. Based on a certificate from an authorized certification service.

Scope of limitations

The use of electronic signatures is not uniformly recognized for all transactions. As a result, certain documents can be executed electronically, while others remain subject to traditional legal formalities.

Documents that can be signed

Electronic signatures can be used to sign and countersign a variety of documents, including:
  • Human resources
  • Procurement
  • Non-disclosure agreements (assuming they are contracts, not formal deeds)
  • Software license agreements
  • Public petitions
  • Insurance industry
  • Educational field, etc.

Exemptions

The Electronic Transactions Act excludes the following transactions from being completed using electronic signatures:
  • The creation, execution, or revocation of a will or other testamentary instrument.
  • The conveyance of real property or the transfer of any interest in real property.

Summary scope of limitations

Permissible transactionsExempted transactions.
  • Human resources
  • Procurement
  • Non-disclosure agreements (assuming they are contracts, not formal deeds)
  • Software license agreements
  • Public petitions
  • Insurance industry
  • Educational field, etc.
  • Testamentary instruments
  • Conveyancing

How does BoldSign help

The following elements available within BoldSign ensure compliance with Bermuda 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 can opt out. This helps ensure that signers understand the implications of signing electronically and have provided their consent.
  • Custom terms: Get your signers to agree to a custom set of terms. This can help provide additional security and ensure that signers understand the terms of the document.
  • QES compliance: BoldSign offers fully compliant qualified electronic signatures (QES) that are simple, secure, and legally binding in Bermuda. QES guarantees that your essential documents are protected with the highest level of eSignature security, giving you peace of mind in your digital transactions. Using BoldSign, you can confidently manage your important documents while ensuring compliance with Bermuda’s regulations.
Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion’s 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 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 Electronic Transactions Act 1999 [1999] as amended in 2011
2Cecilia Magnusson Sjöberg and Anna Nordén, ‘Managing Electronic Signatures: Current Challenges’ (2006) 47 Scandinavian Studies in Law 79, accessed 23 July 2026.
3 Electronic Transactions Act 1999 [1999] as amended in 2011
4 Ibid Art. 4 & 15
5 Ibid Part II
6 Ibid. Art. 8
7 Ibid. Art. 19
8 Electronic Transactions Act 1999 [1999] as amended in 2011 – Art. 11
9 Ibid
10 Ibid. Art. 21

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