Electronic Signatures in Namibia

SigniFlow Software and the Electronic Transactions Act of 2019

Electronic Signatures in Namibia

In Namibian Law, electronic signatures are legally recognised as provided for by the Namibia Electronic Transaction Act 4 of 2019. “Electronic Signature” means data including a sound, symbol or process, executed or adopted to identify a person and to indicate that person’s approval or intention in respect of the information contained in a data message and which is attached to or logically associated with that data message.

Standard electronic signatures and advanced electronic signatures are widely accepted in Namibia if provided with the type of reliability and integrity sought in terms of the Electronic Transactions Act.

Legality of Electronic Signatures in Namibia

As per clause 17 of the Namibian Electronic Transactions Act no statement, representation, expression of will or intention, transaction or communication is without legal effect, validity or enforceability solely on the ground that it is in the form of a data message.

It must be noted that the definition of data message is interpreted as any electronically generated document, this will also incorporate any document, including agreements, generated, uploaded, and signed using the SigniFlow Software.

Referring to Clause 20(2) of the Electronic Transactions Act nothing in it is construed as limiting the use of an electronic signature that is not a recognised electronic signature if parties agree to such use or if a law provides for such use. Where parties agree to use an Electronic Signature, it will be accepted as a legal signature, with the exception of the documents not allowed to be signed electronically.

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The Act distinguishes between an “electronic signature”, “advanced electronic signature” and “recognised electronic signature.

“advanced electronic signature” means an electronic signature which is designed so that together with a security procedure it is possible to verify that the signature -

(a) is unique to the signer for the purpose for which it is used;

(b) can be used to identify objectively the signer of the data message;

(c) was created and affixed to the data message by the signer or using a means under the sole control of the signer; or

(d) was created and is linked to the data message to which it relates in a manner such that any changes in the data message can be detected;

electronic signature” means data including a sound, symbol or process, executed or adopted to identify a person and to indicate that person’s approval or intention in respect of the information contained in a data message and which is attached to or logically associated with that data message;

“recognised electronic signature” means an advanced electronic signature complying with the requirements prescribed under section 20(3);

Section 20 reads “A reference in any law, contract or any other legal instrument to a signature or the signing of a document is construed to include a reference to a recognised electronic signature.”

The law however, in Section 20 (2) continues to state that “Nothing in this section is construed as limiting the use of an electronic signature that is not a recognised electronic signature if parties agree to such use or if a law provides for such use.”

Documents which require a recognized electronic signature:

Where law requires a signature, unless the parties agree otherwise.

Documents which cannot be signed electronically:

Data messages and secure electronic signatures do not satisfy the requirements of writing and signatures i.r.o

Ø Immovable property transactions - alienation of land statute

Ø Wills (testaments)

Ø Bills of exchange