Legality of eSignatures in Gambia

Background

Electronic signatures are rapidly transforming the document authentication landscape within the Gambia and globally by introducing efficient and environmentally conscious methods that are gaining momentum. The shift from paper to digital signatures accelerates the completion of various dealings.

For successful adoption in the Gambia, it is crucial to select an electronic signature tool that aligns with the nation’s legal stipulations, specifically the Information and Communications Act¹. This is to ascertain the legal validity of electronic signatures compared to their handwritten counterparts in the Gambia. Despite the progressive acceptance, it’s essential to recognize that some documents may still need a physical signature, and seeking legal consultation is advisable to navigate variable regional laws².

The importance of security surrounding electronic signature platforms cannot be understated. Services must integrate robust protection features, such as data encryption, verification of signer identities, and provision of audit trails to deter wrongful access and guarantee document authenticity. For instance, BoldSign offers these imperative security features and complies with legal and security protocols.

Gambian enterprises must emphasize legal conformity, elevate security measures, and choose user-friendly platforms for integrating electronic signatures into their business frameworks. This approach boosts productivity and ensures the protection of their business exchanges.

Overview of the eSignature regulations

The Information and Communications Act regulates the operation of electronic signatures³. The Act grants eSignature the same legal validity as that granted to the wet-ink signature before its enactment.

The Gambian regulation grants all individuals the freedom to execute their contracts upon agreement by the contracting parties electronically⁴. Such contracts, however, shall not be denied legal validity merely because they were completed electronically⁵.

The regulation divides electronic signatures into:

Standard electronic signatures
Digital signatures

A standard electronic signature is any data, including a sound, symbol, or process, executed or adopted to identify a person and indicate that person’s approval or intention regarding the information contained in a data message and which is attached to or logically associated with that data message.

A digital signature is an electronic signature involving transforming an electronic record using an asymmetric cryptosystem. This transformation allows a person with the original untransformed electronic record and the signer’s public key to accurately determine whether the transformation was created using a private key corresponding to the signer’s public key and whether the original electronic record has been altered since the transformation. Additionally, it includes voice recognition features, digital fingerprinting, or other prescribed biotechnology features or processes⁶.

An electronic signature is considered reliable when designed so that, together with a security procedure, it can be verified that the signature is⁷:

Uniquely linked to the signer
Capable of identifying the signatories
Created using means that the signer can keep their sole control
Linked to the data it relates to, so that any subsequent change to the data is detectable

Being uniquely linked to the signer

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

The 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 exclusively holding the private key to prevent signature forgery.

Ability to 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.

Ease in tracking 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.

Summary analysis

Types of eSignature	Reliability standards	Unique features
Standard electronic signature	Uniquely linked to the signer Capable of identifying the signatories Created using means that the signer can keep their sole control Created using means that the signer can keep their sole control	Broad and general
Digital signature		More specific and secure, leveraging cryptographic techniques to ensure both the integrity and authenticity of the signature Includes advanced features

Assessment of the evidentiary weight of electronic information

In assessing an electronic record, the following set of standards is taken into consideration⁸:

Reliability of the generation and storage of information
Reliability of the mode used to maintain the integrity of the record
The manner in which the signatory was identified
Any other factor necessary

Recognition of foreign electronic signatures and certificates

It was stated that when determining the legal effectiveness of a certificate or an electronic signature, no consideration should be given to the geographic location where the certificate is issued or where the electronic signature is created or used, nor to the geographic location of the issuer’s or signatory’s place of business. It was further mentioned that a certificate issued outside The Gambia is to be treated with the same legal effect as one issued within The Gambia, provided it offers a substantially equivalent level of reliability. Similarly, an electronic signature created or used outside The Gambia is to have the same legal effect as one created or used within The Gambia, again provided it offers a substantially equivalent level of reliability⁹.

Recognized international standards and other relevant factors should be considered when assessing whether a certificate or an electronic signature offers this level of reliability. Additionally, it was noted that if parties agree to use certain types of electronic signatures or certificates between themselves, this Agreement should be acknowledged for cross-border recognition unless such an agreement would be invalid or ineffective under applicable law¹⁰.

The scope and limitations of eSignature transactions

The use of electronic signature is not recognized as legally binding 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
Memoranda & internal correspondences
Non-disclosure agreements
Purchase orders
HR
Procurement
Employee onboarding, etc.

Unique consideration

A digital signature can be used in place of a handwritten signature by authorized persons in¹¹:

Certification of documents
Oaths
Notarizations
Acknowledgments

Exemptions

In limiting the scope of use of electronic signatures, the Act exempts transactions from the following regulations¹²:

Creation or execution of a will
Negotiable instrument
Power of attorney
Contract for the sale or other disposition of immovable property, or any interest in the property
Conveyance of immovable property or the transfer of any interest in immovable property
Document of title

Summary list of exemptions

Permissible transactions		Exempted transactions
Any eSignature	Digital signatures	Creation or execution of a will Negotiable instrument Negotiable instrument Contract for the sale or other disposition of immovable property, or any interest in the property Conveyance of immovable property or the transfer of any interest in immovable property Document of title
Legal opinions Offer letters Memoranda & internal correspondences Non-disclosure agreements Purchase orders HR Procurement Employee onboarding	Certification of copies of a document(s) Oaths Notarizations Acknowledgment of documents

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with the Gambian 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.

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.

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.

¹ Information and Communications Act, 2009.
² Anna Nordén, ‘Electronic signatures in a legal context,’ in Cecilia Magnusson Sjöberg, editor, I.T. Law for I.T. Professionals – an introduction (Studentlitteratur AB; 2005) pp. 152-154; Ubena John, ‘E-documents & ESignatures in Tanzania: Their Role, Status, and the Future,’ p 104; Stephen Mason, ‘The practical issues in using electronic signatures in different jurisdictions,’ Computer and Telecommunications Law Review, 2021, Volume 27, Issue 6, pp. 165-179
³ Information and Communications Act, 2009.
⁴ S. 125 (1)
⁵ S. 188 (1)
⁶S. 161
⁷S. 189 (3)
⁸S. 188 (3)
⁹ S 190
¹⁰Ibid
¹¹S. 191.
¹²S. 176 (2)

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Google Integration, 25 free sends, dashboard, Signature font options, App is very responsive / fast, Emails between sender and signer are good, Audit trail is very helpful, No account needed for signer is great, Mobile experience is good for signer.

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Edgewood Solutions

Switch to BoldSign already! It's intuitive to use and affordable for small businesses. I never have to worry about the status of a document because with BoldSign I know. Plus, they let you program the frequency of reminders signatories receive. I'm so glad to have found it!

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Kaleidoscope

We’re using BoldSign successfully in our b2b SaaS platform - as it’s embedded to allow seasonal farm workers and their agribusiness employers to e-sign their employment onboarding documents for the first time. It’s part of the total solution saving the workers and HR managers 50% more time compared to their traditional pen/paper manual process.

Scott Prince

Croft

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