eSignature Legality & Law in Singapore

The legality overview

Electronic signatures are legally recognized in Singapore under the Electronic Transactions Act (Cap. 88) (ETA) and the Electronic Transactions (Certification Authority) Regulations of 2010. Regulated by the Infocomm Media Development Authority (IMDA), electronic signatures are acknowledged to signify intent and authenticate parties electronically.

The ETA was regulated in 1989, but then later amended in 1921. Singapore distinguishes between electronic signatures and secure electronic signatures (backed by trusted certificates classified as secure). the ETA supports cross-border trade documents, widely used in various transactions such as bills of exchange.

Types of eSignature used

Singapore recognizes three types of electronic signatures under the Electronic Transactions Act (ETA): electronic signatures, secure electronic signatures, and digital signatures.

Electronic signatures

An electronic signature is any record of a person’s intent or consent in electronic form, such as:

• digitized image of a handwritten signature
• signing on a touchscreen
• clicking “I accept” on online consent form

For an electronic signature to be valid, it must meet the following conditions: 1) Ensure the integrity of the electronic record (from its first made and its final document content), 2) Be accessible and can show that the elctronic record is provided by the signer, and 3) Meet any specific regulatory requirements.

Secure electronic signature

A secure electronic signature offers additional legal presumptions of authenticity and integrity. To be acknowledged, the signature must meet these criteria:

1. Must be unique to the person using it
2. Has the capability of identifying the signer
3. Signed with the intention of signing or approving the electronic record, under the sole control of the signer; and
4. linked to the record to invalidate any changes.

These requirements can be fulfilled by applying a designated security procedure (as outlined in the Electronic Transactions (Certification Authority) Regulations 2010 and the Third Schedule to the ETA), a verification is achieved through prescribed or agreed-upon security procedures.

To note, both electronic signature and secure electronic signature are acknowledged by ETA and enforceable, although with different legal force. Only the secure electronic signature has the same legal effect as the original handwritten signature.

Digital signature

A digital signature is a secure electronic signature that uses asymmetric cryptosystems and hash functions. In addition to the requirements for a valid secure electronic signature, a digital signature must meet the following conditions:

1. It must have been created during the operational period of a valid certificate and could be verified by reference to the public key listed in that certificate; and
2. The certificate is considered trustworthy because:

• • it was issued by an accredited certification authority operating in compliance with the regulations; or
  • it was issued by a recognized certification authority; or
  • it was issued by a public agency approved by the Minister to act as a certification authority on such conditions as he may by regulations impose or specify; or
  • the parties have expressly agreed between themselves (sender and recipient) to use a digital signature as a security procedure, and the digital signature was properly verified by reference to the signatory’s public key.

To be trustworthy, it must contain a valid certificate issued by an accredited, recognized, or agreed-upon certification authority. The accredited Certificate Authorities (CAs) are provided by: (a) Netrust Pte Ltd; and (b) Assurity Trusted Solutions Pte Ltd.

Permitted usages in Singapore

Electronic signatures are widely used for various agreements and filings, including these documents that doesn’t need to meet strict regulations:

• Commercial Agreements: Procurement, software licensing, loan agreements, etc.
• Non-disclosure Agreements (NDAs): Regular use with no restrictions.
• Corporate Documents: Resolutions and board meeting minutes (if not restricted by corporate constitutions).
• Government Filings: Accepted for many submissions to government agencies.
• Negotiable Instruments: Bills of exchange, promissory notes, bills of lading, and other transferable documents.

eSignatures are gaining increased adoption across commercial and government sectors, offering a secure and efficient method for digital transactions. Although some documents are still mandated to be signed traditionally and cannot be signed electronically:

• Wills.
• Creation, performance, or enforcement of Indentures & Declarations of trust or powers of attorney (except implied, constructive, resulting trusts, and lasting powers of attorney).
• Contracts for the sale or transfer of immovable property or related interests.
• Conveyance or transfer of immovable property or related interests.

Furthermore, there are certain requirements to use eSignatures for transactions with the public sector entities:

1. SingPass Requirement

A SingPass account is needed for electronic signatures with government agencies. SingPass is a secure single sign-on system enabling individuals with Singapore IDs to transact with public entities.

2. Sign with SingPass

The SingPass mobile app includes a feature for digitally signing electronic documents. These digital signatures are backed by certificates from Assurity Trusted Solutions (ATS), Singapore’s national certification authority. Once accredited under the ETA, these digital signatures qualify as secure electronic signatures.