As businesses and individuals in Ghana embrace digital transformation, the need for secure and legally recognized electronic transactions has never been greater. Electronic signatures (e-signatures) provide a seamless way to sign documents digitally, reducing reliance on paper-based processes. However, many organizations still have questions about their legal validity and enforceability in Ghana.
Understanding the Legality of E-Signatures in Ghana
Ghana has established a clear legal framework for electronic signatures through the Electronic Transactions Act of 2008 (Act 772). This law recognizes e-signatures as legally binding, provided they meet specific requirements regarding authenticity and reliability. While e-signatures are widely accepted for most business transactions, certain exceptions exist, making it crucial for businesses to understand when and how they can use digital signatures to remain compliant.
The Electronic Transactions Act of 2008 permits using digital signatures in Ghana.
The current Ghanaian law does not limit parties’ right to choose the nature or kind of software they can use for their e-signatures. However, the above factors must be considered in choosing an appropriate means or software for executing contracts or documents by way of e-signatures. Parties must ensure that in adopting software for electronic signatures it takes into consideration the following factors, for the electronic signature to be legally binding:
- ● Intent to sign: electronic signatures are valid only if a user demonstrates a clear intent to sign.
- ● Consent to do business electronically: the parties must either express or imply their consent to do business electronically.
- ● Association of signature with the record: electronic signatures need to be connected to the document that is being signed with them.
- ● Clear signature attribution: the context and circumstances under which the document was signed can indicate the attribution of an electronic signature.
- ● Record retention: electronic signature records are valid as long as they accurately reflect the agreement and can be reproduced as and when required.
Types of E-Signatures and Their Legal Standing in Ghana
Under the Electronic Transactions Act, 2008 (Act 772), Ghana recognizes both simple electronic signatures (SES) and advanced electronic signatures (AES). A simple e-signature can be as basic as a scanned signature or a typed name, while an advanced e-signature requires additional security measures, such as encryption or biometric verification, to ensure authenticity. For an e-signature to be legally binding, it must be uniquely linked to the signer, capable of identifying them, and created under their sole control.
Documents which cannot be signed electronically
- 1. A negotiable instrument
- 2. A contract of sale or conveyance of immovable property or any interest in the immovable property; (this is being reviewed currently by Ghanian Legislation but it is only in draft.)
- 3. Bills of lading
- 4. Documents required for the registration of a company, partnership, or sole proprietorship
- 5. The swearing of affidavits or statutory declarations before a Commissioner for Oaths or Notary Public.
- 6. Any class of documents or transactions that may be notified by Gazette.
- 7. A will as defined in the Wills Act, 1971 (Act 360)
- 8. A trust as defined in the Trustees Incorporation Act, 1962 (Act 106)
- 9. The grant of a power of attorney under the Powers of Attorney 8 Electronic Transactions Act, 2008
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, consult a legal practitioner in your area.
Reference:
https://ictpolicyafrica.org/en/document/x6dx4fyl9b9?page=1
