Legality of eSignatures in Mali

Background

Mali is embracing digital transformation, with electronic signatures helping streamline document verification, accelerate agreements, reduce paper use, and enable more efficient business transactions. For businesses seeking to incorporate electronic signature solutions, understanding the key requirements is essential for effective implementation.

Users should select an electronic signature solution that complies with Mali’s legal requirements, especially Law No. 2016-012/ of 6 May 2016 on electronic transactions, exchanges and services.¹ This ensures that your digital signature holds the same weight as a handwritten wet-ink signature.² Some paperwork may still require a traditional handwritten signature, so seeking a legal expert is crucial to navigate the ever-changing legal landscape.

Security is a crucial concern for successful transactions. You need a secure service with data encryption, identity checks, and audit trails to keep breaches at bay and your documents genuine. Solutions such as BoldSign offer these imperative security features and comply with legal and security protocols.

For savvy businesses in Mali, adopting electronic signatures that are compliant, have strong security features and is easy to use is vital. This ensures business efficiency and secure dealings. Get ready to boost productivity and safeguard your transactions with secure and reliable eSignatures!

Overview of regulatory framework in Mali

The principal legislation governing electronic signatures in Mali is Law No. 2016-012/ of 6 May 2016 on electronic transactions, exchanges, and services.

The law ascertains that writing in electronic form shall be admitted as evidence in the same way as writing on paper. It has the same probative value, provided that the signatory can be duly identified and that it is drawn up and stored under conditions likely to guarantee its integrity.³

Under the electronic transactions law, a contract can be concluded electronically and shall not be found invalid solely because it was completed through electronic means.⁴ However, it is worth noting that in doing so, the parties usually need to consent to such electronic transactions. In this case, consent, may be inferred from conduct.

The law categorizes electronic signatures into:

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

A simple electronic signature is a method used to identify the signer and confirm their agreement with a document, provided the method is sufficiently reliable for the purpose and circumstances in which it is used.⁵

Advanced electronic signatures are explained as electronic signatures that meet the following set of requirements:⁶

• Linked only to the signatory
• Allow the identification of the signatory
• Created by means that the signatory can keep under their exclusive control
• Linked to the data to which it relates in such a way that any subsequent changes to the data are detected

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 it. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent 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 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 a reliable electronic signature generated using a qualified electronic certificate issued by a qualified certification services provider, providing a high level of assurance regarding the signer’s identity and the integrity of the signed document. Qualified electronic signatures must meet the following requirements:⁷

• Created by means of a secure device for the creation of an electronic signature
• Has the same legal effect as a handwritten signature
• Has a statutory compliant certificate at the time of signing
• A qualified certification services provider issued a qualified electronic certificate that was still valid at the time of signing
• Meets the requirements of an advanced electronic signature
• Provides high-level assurance of the signatory’s identity and confirms the integrity of the signed document

Scope and limitations of eSignature transactions

The use of electronic signatures in transactions is not uniformly recognized as legally binding for the completion of documents. Therefore, there are categories of transactions and applications where electronic signatures are appropriate and others where they are not. What follows is a detailed examination of this issue, along with a summary table outlining the relevant 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:

• Human resources
• Procurement
• Non-disclosure agreements
• Software license agreements
• Insurance industry
• Educational field, etc.

Cases where a qualified electronic signature is authentic

The following documents require qualified electronic signatures for signing:⁸

• Electronic invoicing
• Certain electronic authentic instruments requiring signing by a public officer
• State-related documents
• High-value financial contracts, etc.

Exempted transactions

This excludes the following set of transactions from being completed via electronic signatures:⁹

• Gambling games such as lotteries and transactions relating to betting.
• Activities carried out by notaries or equivalent professions include direct and specific participation in the exercise of public authority.
• Private documents relating to family law, inheritances, and gifts.
• Acts relating to personal or real security of a civil or commercial nature, unless they have passed through a person for the needs of his profession.
• Conveyancing.
• Contracts for which the law requires intervention by courts, public authorities, or officers exercising public authority.

Summary scope

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Mali’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 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 and that the signer understands the terms of the document.
• QES compliance: BoldSign offers fully compliant qualified electronic signatures (QES) that are simple, secure, and legally binding across Mali. QES guarantees that essential documents are protected with the highest level of eSignature security, giving peace of mind in digital transactions. Using BoldSign, users can confidently manage important documents while ensuring compliance with Mali’s regulations.

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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