As a result, some documents should only be signed with an advanced electronic signature when entering into electronic contracts (e.g., warranty agreements; franchise agreements; and documents that must be signed by an oath commissioner). The Electronic Signatures Act recognizes that its is valid if: An advanced electronic signature is required in the following circumstances: An accredited authentication provider is required to create an extended electronic signature. Accredited service providers are those who are designated as preferred authentication service providers or whose products and services have been accredited by saaA to support advanced electronic signatures. For a list of these accredited authentication service providers, see Publicly Accredited Authentication and Certification Products and Services. For the purposes of ECTA, the use of an electronic signature is not legally binding and ineffective simply because it is in electronic form. However, the provisions of ECTA do not cover specific agreements and/or documents, including: agreements on the sale of immovable property (under the Alien Land Act 1981); long-term leases of properties over 20 years old (under the Land Leases Act 18 of 1969); and bills of exchange (under the Bill of Exchange Act 34 of 1964). It should be noted that although ECTA refers to a long-term lease of more than 20 years, in South Africa it is generally assumed that a long-term lease is a contract of more than 10 years, as provided for in the formalities relating to the Land Leases Act No. 18 of 1969. Identifying and authenticating parties in cyberspace remains a challenge and a threat to consumers and businesses.
The ECT Law aims to provide for the creation of an accreditation body within the Ministry, allowing the voluntary accreditation of electronic signature technologies in accordance with minimum standards. Once accredited, these government-approved “advanced” electronic signatures can be used by parties who must sign using an “advanced” electronic signature if required by law. In addition, Parliament has created a presumption of integrity when “advanced” electronic signatures are used, that is, they will allow a party to rely on their authenticity by shifting the burden of proof to the signatory to refute their authenticity. It has also created an advantage in favour of accredited procedures, which are recognised as particularly reliable. The accreditation regulations were published on Wednesday, 20 June 2007 (in Official Gazette No. 8701, No. 29995, vol. 504). An advanced electronic signature (often referred to as an AES) is an SES verified by an accredited authority.
These types of signatures have a higher level of credibility due to compliance with specific requirements. The ESA should be: There are 14 chapters in ECTA that contain guidelines for electronic communications in any form – e-mail, SMS and other internet platforms, as well as electronic transactions and electronic documents. Chapter 3 (Facilitation of Electronic Transactions) and Chapter 6 (Authentication Service Providers) provide specific guidance on electronic signatures. Wouldn`t it be great if you could just sign your documents in just a few clicks and allow your clients to do the same? Yes of course! It is obvious that the use of electronic signatures speeds up your sales process and saves you a lot of money. Disclaimer: The information on this page is intended to help companies understand the legal framework for electronic signatures. However, Adobe cannot provide legal advice. You should consult a lawyer on your specific legal issues. Laws and regulations change frequently, and this information may not be current or accurate. To the fullest extent permitted by law, Adobe provides this material “as is”. Adobe disclaims all representations or warranties of any kind, express, implied, or statutory, with respect to this material, including any representations, warranties, or warranties of merchantability, fitness for a particular purpose, or accuracy. According to ECTA, there should be evidence of the relationship between the electronic signature and the electronic document, and there should be proof that the electronic signature belongs to a signatory.
Electronic signatures in South Africa are permitted under the Electronic Communications and Transactions Act (ECTA) introduced in 2002. South African law complies with the EU Electronic Signatures Directive. Any company operating in the South African market can use electronic signatures as a signature method, and they are treated in the same way as handwritten signatures. Nevertheless, some critical limits are determined by the South African legal system. The signatory should agree to the use of an electronic signature on the attached electronic document. In general, no special formalities are required to enter into a binding contract in South Africa, and most contracts do not need to be in writing or signed. Therefore, the parties are responsible for defining the formalities that will be applied to a contract, including whether it will be executed with electronic signatures.