Legality of eSignatures in Djibouti

Background

Electronic signatures have enhanced authenticity, preserved integrity, and ensured non‑repudiation, streamlining the finalization of agreements and contracts in Djibouti 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 seeking to adopt electronic signatures in Djibouti need to understand the vital factors and legal concerns involved.

For successful adoption in Djibouti, selecting an electronic signature tool that aligns with the nation’s legal statutes, especially the Djibouti Digital Code - Law No. 019/AN/23/9th L of July 2025, is crucial. This code provides that electronic signatures cannot be denied legal validity just because they are in electronic form.¹ Qualified electronic signatures have the same legal validity as its handwritten counterparts in Djibouti². Despite the wide and progressive acceptance of eSignatures, it is crucial to note that certain documents still require physical or handwritten signatures, and hence, seeking legal counsel is advisable in navigating the local regulatory nuances.

eSignature platforms have an essential obligation of ensuring 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 Djibouti 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 boosted productivity.

Forms of electronic signatures

Esignatures or electronic signatures, come in various forms, all used to indicate agreement or approval on digital documents and transactions. Here are some common forms:

• Authorizing actions through application login.
• Signing with a stylus or finger on a digital tablet.
• Entering a name into an email as a signatory.
• Confirming agreement on a web page by clicking after verifying the identity prompt.
• Appending a digitized image of a handwritten signature.
• Voice command.

Overview of the eSignature laws in Djibouti

The digital code of Djibouti, together with other decrees, was codified³ as of July 6, 2025. The current code incorporates articles that regulate the usage of electronic signatures. Together with the Civil Code of Djibouti, the following laws govern the use of eSignatures in Djibouti:

• Djibouti's Digital Code - Law No. 019/AN/23/9th L July 6, 2025.
• Djibouti: Law No. 003/AN/18/8th/L enacting the Civil Code

The digital code classified electronic signatures into:⁴

• Simple electronic signature
• Advanced electronic signature
• Qualified electronic signature

A simple electronic signature is any data in electronic form, which is attached or logically associated with other data in electronic form and indicates the signer’s approval of the information or intention to sign.⁵

An advanced electronic signature, as per Article 427, is an electronic signature that meets the following requirements:⁶

• Uniquely linked to the signatory.
• Capable of identifying the signatory.
• Linked to the data associated with that signature in such a way that any
• Subsequent changes to the data are detectable.
• Created using means that the signer can keep their exclusive control

Uniquely linked to the signer

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

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 a company registration number.

Use and incorporation remain in their exclusive 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.⁷

A qualified electronic signature, as per article 428 of the Digital Code is an electronic signature that.⁸

• Meets the requirements for advanced electronic signatures.
• Created by means of a qualified device.
• As a qualified certificate of electronic signature issued by a qualified trust service provider, and was valid at the time of signing.
• The use of a pseudonym is clearly indicated if used at the time of signing.
• The integrity of the signed data has not been compromised, among others.

These requirements may be supplemented by a decree issued by the Council of Ministers, on the proposal of the Minister for the Digital Economy of Djibouti. The code always recognizes three categories of the seal: simple electronic seal.⁹, advanced electronic seal¹⁰ and qualified electronic seal.¹¹ The qualified electronic seal has a legal effect equivalent to a handwritten stamp.

Summary analysis

Djibouti's Digital Code - Law No. 019/AN/23/9th L July 6, 2025

Recognition of foreign electronic signatures in Djibouti

Qualified certificates issued to the public by foreign trust service providers have the same legal validity for QES in Djibouti and are treated as certificates issued by a trust service provider established in the Republic of Djibouti if the following conditions are met¹²:

• The foreign trust service provider meets the conditions of Djibouti's Digital Code, Law No. 019/AN/23/9th L of July 2025, as confirmed and verified by competent authorities; or
• The certificate or trust service provider is recognized pursuant to an agreement, treaty, or any other relevant national or international text concluded between the Republic of Djibouti and one or more countries or international organizations.

Trust service providers in Djibouti

Qualified trust service providers are tasked with providing users with relevant information on the validity or revocation status of the qualified certificates they have issued. This information is to be available for each certificate, at any time and during the period of validity of the certificate, in a readable, reliable, and free form.¹³ However, the official Trust list of accredited Trust Service Providers in Djibouti is yet to be published.

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:¹⁴

• Contract documents, such as employment contracts
• Education field documents
• Legal opinions and public petitions
• Memoranda and internal correspondences
• Non-disclosure agreements
• Purchase orders
• Human resources
• Procurement
• Software license agreements, etc.

Exempted transactions

Djibouti's digital code lacks an express provision on which class of transactions is exempt from completion using an electronic signature. Caution should, however, be taken when dealing with the following transactions:¹⁵

• Wills and codicils
• Authentic deed/Acts, such as notaries and bailiffs
• Copies of titles
• Recognizable act
• Witness evidence
• Legal presumptions
• The marriage contract and matrimonial regimes, such as birth, marriage, and death documents
• Immovable property

Summary table

Authenticity of electronic signatures

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

• Ascertain the identity of the signatory and, when it involves corporate transactions, verify that the person has the authority to act on behalf of the corporation in signing the document.
• Secure explicit approval from the signatory, which can be documented in the contract or a separate agreement, to confirm their intention to use the specified electronic signature for the document.
• Protect the document from any changes after the electronic signature has been affixed.
• Keep a comprehensive log of the signing process that captures every step the signatory performs.

How does BoldSign help 

The following elements of compliance available within BoldSign can be used to comply with Djibouti’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, or warranties of merchantability, fitness for a particular purpose, or accuracy.

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