Seychelles has fully embraced the digital era by legally recognizing electronic signatures (e-signatures) and electronic records. Under the Electronic Transactions Act, 2001, e-signatures are treated on par with handwritten signatures and are admissible in both public and private digital transactions. The country further introduced the Electronic Transactions (Affixing of Digital Signature) Regulations, 2018, establishing the accreditation scheme for certifying authorities and ensuring the integrity of digitally signed records.
Legal Framework
Electronic Transactions Act, 2001:
1. Grants electronic records and signatures equal legal validity to their wet-ink counterparts.
2. Provides for an electronic signature to satisfy statutory requirements for “writing,” provided it is digitally authenticated. Electronic Transactions (Affixing Digital Signature) Regulations, 2018
3. Defines technical standards: signature must be created by asymmetric cryptographic systems and hashed to detect alterations.
4. Certifying Authorities (CAs) must be licensed by the Controller of Certifying Authorities.
In Lablache v Lablache[2025] SCSC 77, the Supreme Court confirmed that while the Electronic Transactions Act covers digital signatures, the Code of Civil Procedure was, until recently, exempted. As of 2024, amendments removed Seychelles’ Code of Civil Procedure from the list of exemptions, potentially enabling pleaders to file case documents with digitally authenticated signatures once authentication procedures are formalized.
Documents Permitted for Electronic Signing
E-signatures are legally accepted for a broad range of administrative, financial, and contractual documents, including:
1. Commercial and service agreements (e.g. procurement, employment, NDAs)
2. Government forms and correspondence (e.g. tax, licensing, customs)
3. Internal approvals and corporate documentation (e.g. board resolutions)
4. Financial services communication processed by the Financial Services Authority (FSA), which has affirmed its acceptance of electronically signed documents.
The Central Bank of Seychelles (CBS) has also implemented digital signing policies.
Documents That Cannot Be Signed Electronically
Despite broad applicability, certain documents remain excluded from electronic execution, such as:
1. Notarial documents (e.g. powers of attorney related to immovable property)
2. Court documents under the Code of Civil Procedure (until authentication guidelines are enacted)
3. Wills, affidavits, deeds, and securities documents (e.g. Bills of Exchange, Income Certificates)
4. Maritime and mortgage documents under specific statutes (e.g. Merchant Shipping Act, Mortgage Registration Acts)
These exclusions preserve legal formalism for documents requiring heightened authenticity.
Notable Legal Developments
1. Adoption of Affixing Digital Signature Regulations, 2018, allowing global CAs to be recognized and enabling adoption by public bodies.
2. FSA Circular No. 13 of 2020 (later reinforced by Circular No. 3 of 2021), officially confirmed that Seychelles’ financial sector, under the Financial Services Authority, accepts electronically signed documents using trusted CA credentials.
3. Removal of legal exemptions in 2024, allowing court documents to fall under the e-signature regime, subject to verified digital authentication protocols.
Sector Adoption & Practical Implications
1. The CBS accelerated digital signature usage during COVID-19 restrictions, advising public electronic submission of documents. Its digital signature policy relies on licensed external CAs to maintain trust and reliability.
2. Corporate entities may adopt digital signatures for internal governance, provided boards file formal resolutions accepting e-signature procedures. This aligns with functional equivalence principles under the Act.
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.
Conclusion
Seychelles’ legal framework firmly establishes the validity and enforceability of electronic signatures through the Electronic Transactions Act 2001 and the 2018 Digital Signature Regulations. While formal documents such as court pleadings and notarial acts are currently excluded, recent amendments are narrowing the gap. Regulatory bodies like the FSA and CBS have endorsed e-signing, signaling public and private sector acceptance. Businesses should ensure they rely on licensed certifying authorities, maintain secure audit trails, and respect statutory exclusions.
Ongoing implementation of authentication policies for court documents and expanded local CSP licensing will further strengthen Seychelles’ digital trust ecosystem.
References
- Electronic Transactions Act, 2001 (Act 8 of 2001) – Statistical foundation for legally recognized digital and electronic records in Seychelles.
- Electronic Transactions (Affixing Digital Signature) Regulations, 2018 (SI 22 of 2018) – Technical standards for digital signatures and CA accreditation.
- FSA Circulars on Digital Document Acceptance (2020 & 2021) – Recognition by Seychelles Financial Services Authority.
- Supreme Court Judgment in Lablache v Lablache [2025] SCSC 77 – Legal interpretation of civil procedure signature requirements.
