Legality of eSignatures in Myanmar

Background

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

For successful adoption in Myanmar, selecting an electronic signature tool that aligns with the nation’s legal stipulations, specifically the Electronic Transactions Act, is crucial¹. This is to ascertain the legal validity of electronic signatures compared to their handwritten counterparts within Myanmar. Despite the growing 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.

Enterprises in Myanmar 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 operation of electronic signatures is regulated by the Electronic Transactions Act³.The Act gives eSignatures the legal validity equal to that granted to wet-ink signatures before its enactment.

The Myanmar 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.

Under the regulation, an 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 message⁶.

The scope and limitations of eSignature transactions

The use of electronic signature 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
Memoranda & internal correspondences
Non-disclosure agreements
Purchase orders
H.R.
Procurement
Employee onboarding, etc.

Exemptions

In limiting the scope of use of electronic signatures, the Act exempts transactions from the following regulations⁷

Will⁸
Negotiable instrument⁹
Trust¹⁰
Power of attorney
Documents relating to the title
Instruments prescribed in any existing law to be registered

Summary scope of limitations

Permissible transactions	Exempted transactions
Legal opinions Offer letters Memoranda & internal correspondences Non-disclosure agreements Purchase orders H.R. Procurement Employee onboarding	Will¹¹ Negotiable instrument¹² Trust ¹³ Power of attorney Documents relating to the title Instruments prescribed in any existing law to be registered

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Myanmar 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 Electronic Transactions Law, 2004. – https://www.myanmartradeportal.gov.mm/uploads/legals/2018/12/Electronic%20Transactions%20Law%202004(English).pdf
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 Electronic Transactions Law, 2004. – https://www.myanmartradeportal.gov.mm/uploads/legals/2018/12/Electronic%20Transactions%20Law%202004(English).pdf
⁴ Ibid S. 21
⁵Ibid (N.1) S. 48
⁶ Ibid (N.1) Art. 1(t)
⁷Ibid (N.1) S. 5
⁸Succession Act S. 2 (h)
⁹Negotiable Instruments Act. S. 13
¹⁰ Trusts Act. S. 3
¹¹Succession Act S. 2 (h)
¹²Negotiable Instruments Act. S. 13
¹³Trusts Act. S. 3

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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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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.

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