Section 8: Electronic signatures
This section is inserted by The Electronic Transactions (Amendment) Act 2026, section 5.
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
8. Electronic signatures
(1) Where any enactment requires a signature, or provides for certain
consequences if a document is not signed, an electronic signature shall satisfy that
requirement if a method is used to identify the party and indicate its intention in
respect of the information contained in the electronic record.
(2) The method referred to in subsection (1) shall be –
(a) reliable and appropriate for the purpose for which the electronic
record was generated or communicated, in the light of all the
circumstances, including any relevant agreement; or
(b) proven in fact to have fulfilled the purpose specified in subsection
(1), by itself or such documentary evidence as may be required.
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Questions this section answers
- Can an electronic signature satisfy a legal requirement for a signature?
- What makes an electronic signature method reliable enough to count as a signature?