Legality of eSignatures in Seychelles

Background

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

It is crucial to select an electronic signature tool that aligns with the nation’s legal stipulations, specifically the Electronic Transactions Decree, for successful adoption in Seychelles¹. This is to ascertain the legal validity of electronic signatures compared to their handwritten counterparts in Seychelles. 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 unauthorized access and guarantee document authenticity. For instance, BoldSign offers these imperative security features which comply with legal and security protocols.

Enterprises in Seychelles 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 use of electronic signatures in Seychelles 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 Seychelles 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:

Digital signatures
Secure digital signatures

A digital 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 authentication of the digital signature employs an asymmetric cryptographic system and a hash function, which is an algorithm that consistently generates a fixed hash result from an input record, making it computationally infeasible to reverse-engineer the original record or for two different records to produce the same hash. Furthermore, the electronic record can be verified using the subscriber’s public key, which, along with a unique private key, forms a functioning key pair exclusive to the subscriber⁷.

A secure digital signature is a digital signature that is⁸:

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

Uniquely linked to the signer

A secure electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods only the signer can access, such as a private key and confidential information, to verify their identity.

Use and incorporation remain in the signatories’ sole control

The person using the secure 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.

Identify the signers

The process used to create the signature must be able to identify the person signing. This may include a biometric signature, personal identification number (PIN), email address, or company registration number.

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.

Recognition of foreign digital signature certificates

The controller, established under the Act, with the minister’s prior approval, may recognize foreign certifying authorities under specified conditions and restrictions, allowing their digital signature certificates to be valid under the Act. The controller can revoke its recognition if a recognized certifying authority breaches any conditions or restrictions, provided the reasons are documented.

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.

Exempted transactions

Under the regulation, transactions under the following acts cannot be completed with electronic signatures⁹:

Civil Code of Seychelles Act
Companies Act
Mortgage and Registration Act
Land Registration Act
Security on Movables Act
Insolvency Act
Notaries Act
Registration of Associations Act
Industrial Property Act
Auctioneers and Appraisers Act
Curatelle Act
Registration of Business Names Act
Bills of Exchange Act
Official Oaths Act
Merchant Shipping Act
Seychelles Code of Civil Procedure
Immovable Property (Judicial Sales) Act
Criminal Procedure Code;(s)Presumption of Deaths Act
Evidence Act
Matrimonial Causes Act
Probates (Re-sealing) Act
Proceeds of Crime (Civil Confiscation) Act

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with the Seychelles’ 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 helps ensure 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 a layer of security to the signing process.
Audit trail: The IP address of the signer, along with timestamps for all significant events in the signing process, is recorded in an audit trail. This provides a record of who signed the document when they signed it, and from where they signed it.
Digital signature: The final signed 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 also informed that they have the option to opt out. This helps ensure that the signer is aware of the implications of signing electronically and that they have given their consent to do so.
Custom terms: There is an option to get your signers to agree to a custom set of terms. This can be useful for adding additional security or ensuring that the signer understands the terms of the document.

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this 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 respect 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 any implied warranty of merchantability, fitness for a particular purpose, accuracy or currentness of this information.

Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants or agents shall be entitled to indemnification, express or implied, contractual or statutory, equitable or otherwise, under this agreement.

¹ Electronic Transactions Act [Act No. 8 of 2001; S.I. 38 of 2001] as amended upto 2018 .- https://seylii.org/akn/sc/act/2001/8/eng@2018-03-29
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 Act [Act No. 8 of 2001; S.I. 38 of 2001] as amended upto 2018 .- https://seylii.org/akn/sc/act/2001/8/eng@2018-03-29
⁴Art. 3
⁵Art. 5
⁶S. 2
⁷S. 3
⁸S. 14
⁹Electronic Transactions (Amendment) Regulations, 2018 – Schedule – https://seylii.org/akn/sc/act/si/2018/21/eng@2018-03-29 Ibid (N. 3) S. 1 (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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Croft

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