Legality of eSignatures in Singapore

Background
What is an electronic
signature
Overview of electronic
signature in Singapore
Reliability and validity
standards
Summary
The scope of electronic
signature transactions
Summary analysis
How does BoldSign help

Background

Electronic signatures have revolutionized document authentication, simplifying signing agreements in Singapore and beyond. These digital solutions enable quick, eco-friendly document execution, helping to cut down on paper use and expedite business transactions. However, it is crucial to understand the critical considerations when utilizing electronic signatures in Singapore.

Users should select an electronic signature service that aligns with Singapore’s legal framework, specifically adhering to the Electronic Transactions Act 2010 and the Electronic Transactions (Certification Authority) Regulations 2010, to guarantee that its legal standing is equivalent to traditional handwritten signatures. Still, it is important to note that specific documents require a physical signature, and legal stipulations differ locally.

The security of electronic signatures is of utmost importance. Choosing a provider with robust security features, such as encryption, user verification, and a comprehensive audit trail, is essential to prevent unauthorized access and maintain document authenticity. BoldSign offers these security features, aiding users in complying with legal and security requirements.

In conclusion, while electronic signatures offer significant benefits and are generally accepted, it is vital to comply with legal norms, prioritize security, and pick a user-friendly service to implement them effectively in Singapore.

What is an electronic signature

Under the regulations governing electronic signatures in Singapore, an electronic signature, defined as a digital signature composed of letters, characters, numbers, or symbols attached to an electronic document, is recognized as legally binding. To validate signatures on most documents, they must be verifiably connected to the signer and protected from tampering or fraud. The signer must also show clear intent to agree to the document’s terms. Meeting these criteria gives electronic signatures the same legal weight as handwritten ones.

Overview of electronic signature in Singapore

In Singapore, electronic signatures that comply with statutory requirements are legally valid in transactions. The operation of Electronic Signatures in Singapore is controlled by the

Electronic Transactions Act¹
Electronic Transactions (Certification Authority) Regulations²

The Act (and regulation) not only enhances the legal validity of electronic signatures, but it also encourages businesses in Singapore to adopt electronic transaction execution in their day-to-day activities.

Electronic signatures are categorized into:

Standard Electronic Signature
Secure Electronic Signature³

A standard electronic signature is essentially a piece of electronic information linked to an electronic document primarily to verify the signatory’s identity and indicate their agreement to be legally committed to the document’s content.

A secure electronic signature under section 1 of the Act means an electronic signature that meets the legal reliability and validation standards under the Act. This is provided under sections 18 and 22 (1) of the Act and Regulation, respectively.

Reliability and validity standards

A reliable and valid secure electronic signature under the Electronic TransactionsAct must be⁴:

Uniquely linked to the user.
Able to identify the user.
Remain in sole control of the user/signers.
Be connected to the data it relates to so that any subsequent change to the data is detectable.
It is based on the user’s face-to-face identification.

Uniquely linked to a person

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 their 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 exclusively holding the private key to prevent unauthorized signature forgery.

Identify the signatory

The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, Personal Identification Number (PIN), email address, or 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. This will also help establish any alterations made to the signature.

Summary

Under the Electronic Transactions Act and Electronic Transactions (Certification Authority) Regulations

Types of signature

Unique features/standards

Validity

Standard Electronic Signature

No unique feature other than being in electronic form.

Depends on the evidentiary weight.

Secure Electronic Signature

Uniquely linked to the user.
Can identify the user.
Generated via a process in the sole control of the user.
Be connected to the data it relates to so that any subsequent change to the data is detectable.

Valid unless the contrary is proven.

Types of signature	Unique features/standards	Validity
Standard Electronic Signature	No unique feature other than being in electronic form.	Depends on the evidentiary weight.
Secure Electronic Signature	Uniquely linked to the user. Can identify the user. Generated via a process in the sole control of the user. Be connected to the data it relates to so that any subsequent change to the data is detectable.	Valid unless the contrary is proven.

The scope of electronic signature transactions

The validity of electronic signatures vary with document types, making them suitable for some transactions but not others. A detailed analysis and a summary table of such transactions is provided below.

Documents that can be signed

Electronic signatures can be employed to affix signatures and countersignatures on a diverse array of documents, such as:

Human Resources
Procurement
Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
Internal correspondences
End-user licenses
Bills of lading
Bills of exchange
Promissory notes
Warehouse receipts
Educational field
Offer letters

Exempted Transactions

In limiting the use of electronic signatures, the act restricts document completion with an electronic signature⁵ for the following:

Creation and execution of a will.
Powers of attorney and statutory declarations.
Contract for sale or other disposition of immovable property.
Conveyance of immovable property.
Transfer of interest in immovable property.

Summary analysis

Permissible transactions

Exempted transactions

Human Resources
Procurement
Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
Internal correspondences
End-user licences
Bills of lading
Bills of exchange
Promissory notes
Warehouse receipts
Educational field
Offer letters

Creation and/or execution of a will.
Powers of attorney and statutory Declarations.
Contract for sale or other disposition of immovable property.
Conveyance of immovable property.
Transfer of interest in immovable property.

Permissible transactions	Exempted transactions
Human Resources Procurement Non-Disclosure Agreements (assuming they are contracts, not formal deeds) Internal correspondences End-user licences Bills of lading Bills of exchange Promissory notes Warehouse receipts Educational field Offer letters	Creation and/or execution of a will. Powers of attorney and statutory Declarations. Contract for sale or other disposition of immovable property. Conveyance of immovable property. Transfer of interest in immovable property.

To ensure the authenticity of an electronic signature, it is advised to follow these best practices while also fulfilling all applicable legal requirements:

Ascertain the identity of the signatory and, when it involves corporate transactions, verify that the person has the authority to act on behalf of the corporation in signing the document.
Secure explicit approval from the signatory, which can be documented in the contract or a separate agreement, to confirm their intention to use the specified electronic signature for the document.
Protect the document from any changes after affixing the electronic signature.
Keep a comprehensive log of the signing process that captures the signatory’s steps.

Notable case laws on electronic signatures in Singapore

In SM Integrated Transware Ltd v Schenker Singapore (Pte) Ltd⁶, the court underscored the validity of a name typed at the end of an email message as a valid form of electronic signature to signify one’s intentions to be bound by the contents of the said email.

In 2003 in Industrial & Commercial Bank Ltd Vs Banco Ambrosiano Veneto S.P.A⁷, Judicial Commissioner Tay Yong Kwang determined that a message with an authentication code transmitted via the SWIFT (Society for Worldwide Interbank Financial Telecommunication) network carries the legal consequence of obligating the sending bank to the terms within the message. He further clarified that additional verifications conducted by the receiving bank regarding creditworthiness or other factors do not undermine this legal principle.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Singapore electronic signature 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 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 helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.
Custom terms: Getting 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, its 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 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 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 2010 – [https://sso.agc.gov.sg/Act-Rev/ETA2010/Published/20211231?DocDate=20211231]
² Electronic Transactions (Certification Authority) Regulations 2010 – [https://sso.agc.gov.sg/SL/ETA2010-RG1?DocDate=20250530]
³ Electronic Transactions Act 2010 – [https://sso.agc.gov.sg/Act-Rev/ETA2010/Published/20211231?DocDate=20211231] Section 2.
⁴ Ibid Section.18
⁵ Ibid Section.4 as read with Schedule 1
⁶ SM Integrated Transware Pte Ltd v Schenker Singapore (Pte) Ltd [2005] SGHC 58 [https://www.elitigation.sg/gd/s/2005_SGHC_58]
⁷ Industrial & Commercial Bank Ltd v Banco Ambrosiano Veneto S.P.A. [2001] SGHC 120 [https://www.elitigation.sg/gd/s/2001_SGHC_120]

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