Legality of eSignatures in Comoros

Background

Electronic signatures have advanced authentication processes and ensure non-repudiation of documentation, thus streamlining the finalization of various agreements and contracts in Comoros and across the globe. The efficient and swift digital mechanism has fundamentally contributed to environmental conservation by limiting paper usage. leading to fast completion of transactions. Fundamentally, those who seek to adopt electronic signatures in Comoros need to understand the vital factors and legal concerns involved.

For successful adoption in Comoros, selecting an electronic signature tool that aligns with the nation’s legal statutes, especially the Decree No. 22-003/PR, Promulgating Law N0 21-012/AU of 25 June 2021 on cyber security and the fight against cybercrime in the Union of Comoros, is crucial. This decree provides that whenever legislative or regulatory provisions require a handwritten signature, the requirement is considered met when a reliable electronic signature is used.¹ Despite the wide and growing acceptance of eSignatures, it is crucial to note that certain documents still require physical or handwritten signatures, hence seeking legal counsel is advisable in navigating the local regulatory nuances.

eSignature platforms have an essential obligation to ensure that security measures are in place. The service provider must guarantee robust security protocols, including encryption, authentication mechanisms, and audit logs, to prevent unauthorized access. BoldSign provides these security measures and ensures complete regulatory compliance and advanced security protocols.

For businesses in Comoros to embrace eSignatures, they must adhere to legal standards, elevate security measures, and choose a user-friendly platform. These ensure effective business workflows, secure transactions, and increased productivity. Overview of electronic signature regulations in Comoros

The use of eSignature in Comoros is regulated by the following laws:

• Decree No. 22-003/PR, Promulgating Law N0 21-012/AU of 25 June 2021 on cyber security and the fight against cybercrime in the Union of Comoros
• Comoros civil code

The decree grants all individuals and business entities the right to execute contracts electronically, upon agreement with the contracting party. Such contracts cannot be denied legal validity in courts on the basis that they are in electronic form.² Additionally, an electronic document shall have the same evidentiary force as a handwritten document when it is accompanied by a reliable electronic signature affixed by the signatory.³

The decree divides electronic signatures into:

• Electronic signature (Simple electronic signature)
• Advanced electronic signature (AES)
• Qualified electronic signature (QES)

A simple electronic signature is electronic data that is attached or logically linked to other electronic data and is used to verify its authenticity.⁴

As per Article 5, an advanced electronic signature (AES) is an electronic signature that meets the requirements set out in Article 29 of the Electronic Signature Law:⁵

• The data relating to the creation of the signature are linked exclusively to the signatory and are under their exclusive control.
• Any modification made to it is easily detectable.
• It is created by means of a secure device whose technical characteristics are set by an order of the Minister in charge of electronic communications.
• The certificate used to generate the signature is a qualified certificate. An order of the Minister in charge of electronic communications shall set the criteria for the qualification of certificates.

Uniquely linked to the signer

An advanced electronic signature must be uniquely connected to the person using it. The signature must be created with methods only the signer can access, like a private key and confidential information, to verify their identity.

Use and incorporation remain in their sole control

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

Track down any alterations made after signing

Preserving the authenticity of the signed document is essential. 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.

Identify the signatories

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.

A qualified electronic signature (QES) is an advanced electronic signature that is created using a qualified electronic signature creation device and based on a qualified electronic signature certificate. QES must meet the following conditions:⁶

• Fulfill the conditions of an advanced electronic signature in accordance with the provisions of Article 29 of this Law.
• Created by means of a reliable electronic signature creation device.
• Attached to a qualified electronic signature certificate.

The devices used for the creation and verification of qualified certificates are technologically neutral, standardized, approved, and interoperable.

Summary analysis

Scope and limitations of eSignature transactions

The use of electronic signatures is not legally recognized for all document types. Some transactions are appropriate for eSignatures, while others are not. Below is a brief analysis and a summary table of these 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:

• Legal opinions
• Offer letters
• Public petitions
• Memoranda and internal correspondences
• Non-disclosure agreements
• Purchase orders
• H.R.
• Procurement
• Education field
• Software license agreement
• End user agreements, etc.

Transactions that required QES Only

QES is the only electronic signature format that is legally equivalent to a traditional wet-ink signature or handwritten signature. However, not all documents require QES' signature. QES is mandatory for signing where the law requires “written form” and applies to the following documents:⁷

• Authentic instruments, i.e., government decrees, administrative decisions
• Certificates issued by trust service providers
• Public registers of certificates that must be protected by QES or seals
• High-value lease agreements

Exempted transactions

While the Comorian legal framework recognizes electronic signatures as valid and binding, there are exceptions where handwritten signatures remain mandatory. Some of these cases are:⁸

• Exchanges, services, and applications used in the field of defense and national security
• Private deed
• Family law, such as a marriage contract⁹ (nikah) and divorce agreements
• Wills and inheritance documents
• Power of attorney

Summary analysis

To validate the legitimacy of an electronic signature, it is recommended to adhere to these best practices while also complying with all relevant legal obligations:

• Confirm the identity of the individual signing and, in cases of business dealings, ascertain that the individual is authorized to represent the corporation in signing the document.
• Obtain explicit consent from the individual signing, which should be recorded in the contract or a separate document, to affirm their deliberate choice to use the chosen electronic signature for the document.
• Ensure the document remains unaltered after the application of the electronic signature.
• Maintain a detailed record of the signing process, including each action the person signing takes.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Comoros’ 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 are 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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