Legality of eSignatures in Chad

Background

Electronic signatures have revolutionized the method of document authentication, simplifying the signing procedure both in Chad and globally. The use of eSignature solutions enables the swift and eco-friendly completion of documents, helping to reduce paper usage and accelerate business transactions. Nonetheless, understanding the key elements involved in adopting electronic signatures in Chad is essential.

For eSignatures to be considered legally valid as wet-ink signatures in Chad, users must choose a service that is fully compliant with Chad’s legislation, especially Law No. 008/PR/2015 on electronic transactions. The law presumes that electronic signatures are valid unless proven otherwise.¹ However, certain documents may still necessitate a handwritten wet-ink signature, and legal obligations can differ depending on the region.

Ensuring the security of eSignatures is a fundamental concern globally. Thus, it is crucial to opt for providers who implement stringent security protocols, including encryption, user authentication, and detailed audit trails, to ensure secure access and uphold the integrity of documents. Platforms such as BoldSign offer these imperative security features and complywith legal and security protocols.

In conclusion, electronic signatures present considerable benefits and enjoy widespread acceptance; however, compliance with legal standards, ensuring security, and choosing an easy-to-use platform remain critical for their effective adoption in Chad.

Overview of electronic signature in Chad

Electronic documents have the same legal value as paper ones, as long as the person who issued them can be identified, they are stored securely to preserve integrity, and both their origin and content are proven authentic.² The laws governing the use of electronic signatures in Chad are:

• Law No. 008 / PR/2015 Relating to Electronic Transactions
• Law No. 006/PR/2015 led to the formation of the National Agency for Computer Security and Electronic Certification (ANSICE) as the key regulatory body that oversees digital cybersecurity and accreditation of certification service providers (CSPs).
• OHADA Uniform Act (2010 revision), which recognizes electronic writings as valid evidence and supports cross-border trade within OHADA member states.³

The electronic transactions law divides electronic signatures into:

• Simple electronic signature
• Secure electronic signature
• Qualified electronic signature

A simple electronic signature is any electronic method that serves as an analog of a handwritten signature, i.e. an image of a scanned handwritten signature pasted into a PDF, typed name at the end of an email or document, or clicking “I agree” on a digital form.

A secure electronic signature is an electronic signature established through a secure electronic signature creation system and that the verification of this signature is based on the use of a qualified certificate. Secure electronic signatures must meet the following requirements:⁴

• The signer must be uniquely linked to the signatory.
• It should be able to clearly identify the signatory.
• Must be generated using signature creation data that the signatory can maintain under their sole control.
• Must be linked to the signed data in a manner that any subsequent alteration of the document is detectable.

Uniquely linked to an individual as the signatory

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

Use and incorporation remain in their sole control

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

Identify the person using the technological process

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 a company registration number.

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 signature place.

A qualified electronic signature is an electronic signature established by an electronic service provider, through a qualified certificate. An electronic certification service provider may indicate in a qualified certificate the limits set for its use, provided that these limits are discernible by third parties, and the electronic service provider shall not be liable for any damage resulting from the use of a qualified certificate that exceeds the limits set by the provider for its use.⁵

Qualified electronic signatures must meet the following requirements:⁶

• The qualified certificate must accurately reflect all required information as of its issuance date.
• At issuance, the certificate must confirm that the identified signer possessed the signature creation data corresponding to the signature verification data stated in the certificate.
• Where the certification service provider generates both types of data, it must ensure that signature creation and verification data are capable of being used in a complementary manner.
• Statutory compliant certificate at the time of signing.
• Signature validation data aligns with the data provided to the relying party.
• In cases where a pseudonym was used during the signing process, its use is transparently communicated to the entity that depends on it.
• The integrity of the signed data is intact.
• Meet all the requirements of Secure Electronic Signature.

Summary analysis

Recognition of foreign electronic signatures in Chad

Qualified certificates issued to the public under the conditions required by Chad’s electronic transactions law by a certification service provider established in a Member State of Inter-Etat (IE), Communauté Économique et Monétaire de l'Afrique Centrale (CEMAC), and Communauté Économique des États de l'Afrique Centrale (ECCAS) are assimilated to qualified certificates issued by an electronic certification service provider established in the national territory of Chad/⁷

Certificates issued by electronic certification providers in other countries can be legally recognized in Chad as equivalent to local certificates if one of these conditions is met:⁸

• The foreign certification provider meets the requirements set by CEMAC (Economic and Monetary Community of Central Africa) or ECCAS (Economic Community of Central African States).
• The certification provider is established in its own country and complies with that country’s laws governing certification.
• The certificate or provider is recognized under a bilateral or multilateral agreement between Chad and other countries or international organizations.

Scope and limitations of electronic signature transactions

The legal recognition of electronic signature transactions for document finalization is not universally recognized. Consequently, electronic signatures are deemed valid for specific categories of transactions and applications, but remain invalid for others.

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 (assuming they are contracts, not formal deeds)
• Public petitions
• Internal correspondences
• End-user licenses
• Educational field
• Offer letters

Qualified electronic signature eligible documents

Only specific high-value or high-risk documents can be signed using qualified electronic signatures. According to the National Agency for Computer Security and Electronic Certification (ANSICE), several official interactions with the state demand the highest level of identity and verification. Such documents are:⁹

• Official government and regulatory filings
• High-value banking and financial transactions, etc.

Exempted transactions

Article 30 of Law No. 008/PR/2015 specifies the exemptions for transactions in which electronic signatures cannot be used to finalize documents. These are:¹⁰

• Private deeds relating to family and family law inheritance
• Private deeds relating to personal or real securities, of a civil or commercial nature, unless a person has used them for the needs of their profession
• Documents where the law explicitly requires a handwritten signature

Summary table

To ensure the authenticity of an eSignature, it is advisable to follow these best practices while also complying with all applicable legal requirements:

• Ascertain the identity of the signatory and, for transactions involving companies, verify that the individual is duly empowered to bind the corporation with their signature.
• Secure explicit agreement from the signatory, which may be incorporated in the contract or a separate consent form, recognizing their intention to use the specified electronic signature method for the document.
• Protect the document from any changes after the electronic signature has been affixed.
• Keep a comprehensive log of the signing process, recording each step of the individual signing.

How does Bold Sign Help?

The following elements of compliance available within BoldSign can be used to comply with Chad’s 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 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.

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 of any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.

Neither Syncfusion nor its 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.