Legality of eSignatures in Sierra Leone
Background
Electronic signatures are rapidly transforming the document authentication landscape in Sierra Leone 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 Sierra Leone, 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 Sierra Leone. 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 need to 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 that comply with legal and security protocols.
Enterprises in Sierra Leone 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 eSignature the legal validity equal to that granted to the wet-ink signature before its enactment4.
The Sierra Leone regulation grants all individuals the freedom to electronically execute their contracts upon agreement by the contracting parties. Such contracts, however, shall not be denied legal validity merely because they were completed electronically5.
The regulation divides electronic signatures into6:
- Standard electronic signatures
- Advanced electronic 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.
An advanced electronic signature is an electronic signature designed so that, together with a security procedure, it is possible to verify that the signature:
- 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
Uniquely linked to the signer
An advanced signature must be uniquely connected to the person using it. It must also be uniquely created using 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 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.
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 even 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 | Unique features |
|---|---|
| Standard electronic signature | N/A |
| Advanced Electronic Signature |
|
Assessment of the evidentiary weight of electronic information
In an assessment of an electronic record, the following set of standards is taken into consideration7:
- 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
The 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:
- Legal opinions
- Offer letters
- Memoranda & internal correspondences
- Non-disclosure agreements
- Purchase orders
- H.R.
- Procurement
- Employee onboarding, etc.
Unique consideration
An advanced electronic signature can be used in place of a handwritten signature in8:
- Certification of documents
- Oaths
- Notarizations
- Acknowledgments
Exemptions
In limiting the scope of use of electronic signatures, the Act exempts transactions from the following regulations9:
- Will or codicil
- A trust created by a will or codicil
- Power of attorney
- A document that creates or transfers an interest in property and requires registration to be effective against third parties
- Negotiable instruments
- Documents of title
Summary list
| Permissible transactions | Exempted transactions | |
|---|---|---|
| Any eSignature | Advanced and Secure eSignatures |
|
|
|
|
How does BoldSign help
The following elements of compliance available within BoldSign can be used to comply with Sierra Leone’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.
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 Act, 2018 – https://www.parliament.gov.sl/uploads/bill_files/THE%20ELECTRONIC%20TRANSACTION%20BILL%202019.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 Act, 2018 – https://www.parliament.gov.sl/uploads/bill_files/THE%20ELECTRONIC%20TRANSACTION%20BILL%202019.pdf
4 Ibid S. 6
5 Electronic Transactions Act, 2018 – S. 9 – https://www.parliament.gov.sl/uploads/bill_files/THE%20ELECTRONIC%20TRANSACTION%20BILL%202019.pdf
6 Ibid S. 1
7 Ibid S. 3
8 Electronic Transactions Act, 2018 – S. 4 (1). https://www.parliament.gov.sl/uploads/bill_files/THE%20ELECTRONIC%20TRANSACTION%20BILL%202019.pdf
9 Ibid S. 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
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Croft
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