Legality of eSignatures in Burundi

Background

The current globalized digital economy has made electronic signatures the backbone of operational efficiency and legal certainty in Burundi and beyond. These instruments provided a robust framework for cross-border transactions, streamlining the process of agreement validation, document authentication, and effectively guaranteeing document integrity. Globally, the transition from paper-based workflows to electronic execution delivers significant cost reductions by eliminating physical logistics, archival expenses, and administrative overhead. However, it is crucial to understand the critical considerations when utilizing electronic signatures in Burundi.

Users should select an electronic signature service that aligns with Burundi’s legal framework, specifically adhering to Law No. 1/22 of August 22, 2022, on the electronic and postal communications code, to guarantee that its legal standing is equivalent to traditional handwritten signatures. Still, it is important to note that certain documents require a physical signature, and legal stipulations differ locally.

Embracing secure electronic signatures is no longer a discretionary upgrade but a legal imperative to enhance transactional integrity and minimize litigation risks. Thus, choosing a provider with robust security features, such as encryption, user verification, and a comprehensive audit trail, is essential to prevent unauthorized access and maintain document authenticity. BoldSign, for instance, provides these security features to meet compliance and safety standards.

In conclusion, while electronic signatures offer significant benefits and are generally accepted, it is vital to comply with legal requirements, prioritize security, and choose a user-friendly service to ensure effective use in Burundi.

Forms of electronic signature

An eSignature can be any electronic mark linked to an electronic document or process. This includes:

• Logging into an app to authorize actions
• Handwriting a signature on a tablet
• Typing a name in an email
• Clicking an acknowledgment on a website after authentication
• Attaching a scanned handwritten signature
• Using a voice command as a verbal agreement.

Overview of the electronic signature in Burundi

Legislations governing electronic signatures in Burundi are:

• Law No. 1/22 of August 22, 2024 (electronic and postal communications code)
• Law No. 1/10 of March 16, 2022 (prevention and suppression of cybercrime)

Law No. 1/22 of August 22, 2024, serves as the cornerstone for digital transactions and explicitly grants electronic signatures the same legal weight as wet-ink signatures, provided they meet the authenticity and integrity requirements. Law No. 1/10 of March 16, 2022, works with the 2024 Code to ensure high security standards and fraud prevention for digital agreements.

Electronic signatures are categorized into:

• Standard electronic signatures
• Qualified electronic signatures

A standard electronic signature (SES) is any electronic data that is attached to or logically associated with other electronic data and serves as a method of authentication.¹

A qualified electronic signature (QES) is defined in Chapter VII and Chapters IX to XI as an advanced electronic signature generated using a certified device to create electronic signatures. It relies on an accredited certificate specific to electronic signatures. QES must possess the following requirements:²

• Statutory compliant certificate at the time of signing
• Uniquely linked to the user
• Able to identify the user
• The digital signature must be generated using certified hardware or software that ensures the signer maintains exclusive control over their private key
• Be connected to the data it relates to so that any subsequent change to the data is detectable
• An accredited trust service provider issued a valid certificate at the time of signing
• Signature validation data aligns with the data provided to the relying party
• The distinctive collection of information identifying the certificate’s signatory was accurately conveyed to the entity, depending on it

Statutory compliant certificate at the time of signing

Must be fully compliant with Burundi’s legal requirements for electronic signatures as set out in the Law No. 1/22 of August 22, 2024 (electronic and postal communications code) and Law No. 1/10 of March 16, 2022 (prevention and suppression of cybercrime).

Uniquely linked a person

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

Identify the signers

The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, personal identification number (PIN), email addresses, or company registration number. In instances where a pseudonym was employed during the signing process, its use is transparently communicated to the entity in question.

Use and incorporation remain in the signatories’ sole control

The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or using two-factor authentication, with the signer holding the private key exclusively to prevent signature forgery.

Track down any alterations made after signing

It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and the signature's location.

Summary analysis

Burundi’s Law No. 1/22 of August 22, 2024 (Electronic and Postal Communications Code) and Law No. 1/10 of March 16, 2022 (Prevention and Suppression of Cybercrime).

Accredited service providers

Both systems rely on a “trusted list” of providers that are audited and authorized by a national body to ensure high security. The accreditation process is managed by the sector's regulatory body, the Agence de Régulation et Contrôle des Télécommunications (ARCT), under the supervision of the Ministère de la Communication, des Technologies d'Information, et des Media (MCTIM)³.

Scope and limitations of electronic signature transactions

Electronic signature transactions and their use do not have universal legal acceptance for document finalization. Consequently, there are specific types of transactions and uses for which electronic signatures are acceptable, while they are unacceptable for others. Below is an analysis of this matter, accompanied by a summary table of the transactions.

Documents that can be signed

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

• Commercial and business agreements, e.g., vendor agreements
• Human resources
• Non-disclosure agreements (NDAs)
• Procurement
• Policy acknowledgments
• Financial and tax documents
• Lease agreements
• Service agreements
• Administrative filings
• Court documents

Exempted executions

Burundi’s regulation on eSignature lacks an express provision on what class of transactions will not be completed by electronic signature. In practice, certain transactions cannot be completed using an electronic signature. Caution should, therefore, be taken when dealing with:

• Documents requiring validation of a public notary
• Sale or transfer of real estate
• Wills, codicils, and trusts
• Family law documents e.g., marriage, divorce, and adoption papers
• Specific legal instruments, e.g.. powers of attorney or statutory declarations

Summary

To guarantee the legitimacy of an electronic signature, it is recommended to adhere to the following best practices while also ensuring compliance with all relevant legal obligations:

• Verify the identity of the person signing and, in companies, confirm that the individual is legally authorized to commit the company with their signature.
• Obtain explicit consent from the person signing, which can be included in the contract itself or provided through a separate consent document, acknowledging their intent to use the chosen electronic signature method for the document.
• Safeguard the document against any alterations post-application of the electronic signature.
• Maintain a detailed record of the signing process, documenting each action performed by the person executing the signature.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Burundi’s electronic signature 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 ensures 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 another 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 ensures that the signer is aware of the implications of signing electronically and has given their consent.
• Custom terms: Get 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’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 are subject to frequent changes, and the 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, warranties of merchantability, fitness for a particular purpose, or accuracy.

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