Covid-19: Electronic signatures in lockdown times

26th March 2020

Covid-19: Electronic signatures in lockdown times

In business, handwritten signatures are required on nearly every document.  However, in the wake of the Covid-19 outbreak it has become almost impossible to obtain multiple original handwritten signatures on the same document. But the need to keep the economy going means that we need to find ways to continue to do business and there is in fact law in place in South Africa to help us achieve this.

A possible solution to this obstacle and new era may be found in the Electronic Communications and Transactions Act 25 2002 (ECTA). The ECTA provides for two types of signatures in electronic form: electronic signatures and advanced electronic signatures. How they may be used is unpacked below.

Electronic signatures may be used for most transactions unless:

Where parties to a transaction have not stipulated the type of electronic signature required, the electronic signature will be binding when:

One can take several steps to ensure that the method of electronic signature in use is reliable and appropriate, including:

Advanced electronic signatures are mandatory where the signature of a person is required by law. The South African Accreditation Authority must accredit the products and services used to create the advanced electronic signature.

Public bodies in South Africa can also issue and file documents in electronic form.  While physical access to our courts is currently restricted, new proceedings may be instituted electronically.

Although we are living through unclear and daunting times, South African laws enable businesses to continue despite the uncertainty.  As we grapple with the impacts of Covid-19 on businesses and society: the challenges faced may well push us to explore previously undiscovered way of doing business.

Written By Carla Collett, Karl Blom and Fatima Ismail from Webber Wentzel