Legal Recognition of Electronic Signature in Ethiopia
Under the current legal framework of Ethiopia, an Electronic Signature refers to information in electronic form, affixed to or logically associated with an electronic message, which may be used to identify the signatory concerning the electronic message and to indicate the signatory’s approval of the information contained in the electronic message
In Ethiopia, electronic signatures are legally recognized and governed by two key proclamations:
1. Proclamation No. 1072/2018: A Proclamation to provide for Electronic Signature (2018 Proclamation)
The law defines the types of e-signatures and establishes the legal basis for the recognition of electronic records, contracts, digital signatures, certificate providers, and timestamp services.
2. Proclamation No. 1205/2020: Proclamation to provide for Electronic Transactions (2020 Proclamation)
Enacted in 2020, this Proclamation on Electronic Transactions establishes the criteria for the reliability of an e-signature and defines applicable use cases and exemptions.
As outlined in Section 9(4) of Proclamation No. 1205/2020, Proclamation No. 1072/2018 will govern any signatures related to electronic transactions that fall outside the scope of Proclamation No. 1205/2020.
Types of Electronic Signatures Recognized in Ethiopia
Electronic Signatures
An Electronic Signature refers to information in electronic form that is affixed to or logically associated with an electronic message. It serves to identify the signatory concerning the message and indicates their approval of the information contained within it.
Legal Recognition of Electronic Signatures
When a signature is required by law or when the absence of a signature has legal consequences, a reliable Electronic Signature can satisfy this requirement if the following conditions are met:
- The Electronic Signature is appropriate for its intended purpose, considering factors such as the nature, scope, and type of transaction, as well as the importance of the electronic data involved.
- The parties involved have mutually agreed to the use of Electronic Signatures.
- The Electronic Signature provides a verifiable means of identifying the contracting parties.
Legal Presumptions for Reliable Electronic Signatures
In civil proceedings, a reliable Electronic Signature is presumed to ensure the following:
- The Electronic Signature belongs to the signatory.
- The signatory intended to approve the electronic data at the time of signing.
- Both the electronic data and the Electronic Signature have remained unaltered since the signature was applied.
Digital Signatures
A Digital Signature is a specific type of Electronic Signature that utilizes an asymmetric cryptographic system and meets the following criteria:
- It is uniquely linked to the signatory.
- It is capable of identifying the signatory.
- It is created using a private key controlled solely by the signatory.
- It can detect any modifications made to the signature or the associated electronic data.
Under Section 8 of Proclamation No. 1072/2018, a Digital Signature that is based on a valid certificate is recognized as a reliable Electronic Signature.
Certificate Provider
A certificate is electronic data that links a public key to an individual, thereby verifying their identity.
A Certificate Provider is an entity authorized or recognized by the root certificate authority to issue certificates and provide related services, as outlined in Article 22 of Proclamation No. 1072/2018. Certificates issued by an authorized Certificate Provider are deemed legally valid.
In Ethiopia, the root certificate authority is the Information Network Security Agency (INSA).
Time Stamp Service
A time stamp is a digitally signed notation appended to electronic data, a Digital Signature, or a certificate, indicating the exact date and time of a specific action.
The time stamp service is provided by a Certificate Provider or other entities authorized by the root certification authority. It serves as an official declaration that confirms the accuracy of the date and time associated with electronic data, Digital Signatures, or certificates.
The date and time recorded by an authorized time stamping service provider are considered reliable and legally valid evidence in verifying the authenticity of electronic transactions.
Notable Changes
None.
Documents That May be Signed Electronically
Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:
- Contracts and agreements: business contracts, employment agreements, and service contracts.
- Financial documents: loan agreements, investment documents, and financial reports.
- HR documents: employee onboarding forms, non-disclosure agreements (NDAs), and performance reviews.
- Commercial transactions: purchase orders, sales agreements, and supplier contracts.
Exclusions for the applicability of electronic signatures in Ethiopia
The use of electronic signatures is prohibited in the following documents:
- Wills and trusts: Documents related to inheritance, wills, and trusts often require handwritten signatures.
- Real estate transactions: Some property transactions may still require notarized handwritten signatures.
- Government forms: Specific government forms and applications may mandate physical signatures.
*Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
