Singapore

What Are the Electronic Signature Laws in Signapore?

The main Singaporean law that governs the electronic signatures is the Electronic Transactions Act 2010. It establishes the rules for the use of electronic signature in Singapore. Separate aspects of this topic are detailed in Electronic Transactions Regulations 2010.

What Is the Electronic Signature in Singapore?

Singaporean laws distinguish two levels of electronic signatures: an “electronic signature” as a simple signature level and a “secure electronic signature” as an advanced signature level.
An electronic signature, or a simple electronic signature, is a record generated, communicated, received or stored by electronic means in an information system or for transmission from one information system to another.
A secure electronic signature, or an advanced electronic signature, is an electronic signature that applies a specified or a commercially reasonable security procedure allowing to verify the validity of that signature. According to the law, a digital signature that employs an asymmetric cryptosystem and a hash function is recognized as one of the possible and the most commonly used type of secure electronic signature.

Validity of Electronic Signatures in Business and Court

Singaporean laws has adopted a widely recognized principle stating that information is not to be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic record. This means that:
01
Businesses by default are allowed to use electronic documents and electronic signatures as a valid means to conduct their transactions.
02
An offer and the acceptance of an offer may be expressed by means of electronic communications and a contract cannot to be denied validity or enforceability solely because the electronic communication was used to form that contract.
03
A person cannot question the validity of electronic signature only based on the fact that it was made in electronic form; they need to have other arguments to substantiate that the signature is invalid.

Requirements For Simple Electronic Signatures

An electronic signature is valid under the law if it:
01
Identifies the signatory.
02
Indicates the signatory’s intent to execute on the document.
03
For the identification of the signator ies and indication of their intents, uses the method that is as reliable as appropriate for the purpose for which the electronic record was generated or communicated.
The electronic signature reliability is the cornerstone of its validity. The law does not establishes an electronic signature reliability criteria; it only provides a general guidance how to assess whether your signature is reliable: it (i) has fulfilled the necessary function OR (ii) is appropriate to fulfil the necessary function taking into account the following factors:
Any operational rules that are relevant to the assessment of reliability.
The assurance of data integrity.
The ability to prevent unauthorised access to and use of the system.
The security of hardware and software.
The regularity and extent of audit by an independent body.
The existence of a declaration by a supervisory body, an accreditation body or a voluntary scheme, regarding the reliability of the method; and
Any applicable industry standard.
Based on the reliability criteria, we are confident that pdfFiller electronic signatures can be used in Singapore as simple electronic signatures.

Secure Electronic Signatures

Secure, or advanced, electronic signature must comply with the following requirements:
01
It needs to be unique to the signatory.
02
It has to be capable of identifying the signatory.
03
It needs to be created in a manner or using a means under the sole control of the signatory; and
04
The signature must be linked to the electronic record in a manner such that if the record was changed the electronic signature would be invalidated.
The most common type of the secure electronic signature is a digital signature that is based on the use of an asymmetric cryptosystem and a hash function technologies. For a digital signature to be valid in Singapore, the digital signature provider needs to meet ONE of the following criteria:
Be an accredited certification authority in Singapore.
Be a recognised certification authority.
Be a public agency approved by the Minister of Communications to act as a certification authority.
Signatories need to expressly agree to use this digital signature provider and the digital signature must be based on the use of PKI technology.
This means that digital signature providers which are not officially accredited by the Ministry of Digital Development and Information still can provide legitimate digital signature services in Singapore as long as the signatories agree to use services of this provider.
Signatures provided through the pdfFiller electronic signature qualifies as a secure signature under Singaporean laws if both the sender and the signer agree to use this solution to sign a document.

Is Consent For Electronic Signature Required in Singapore?

Yes. A person cannot be forced to use an electronic signature. It must consent to such use. However, the person’s consent to use an electronic signature may be inferred from the person’s conduct. On the other hand, if the document was signed with a secure electronic signature, it is implied that the signatory consented to the use of secure electronic signature.

When Do You Need to Use Only a Handwritten Signature?

Electronic Transactions Act 2010 provides an list of exceptions when a person cannot use electronic signatures:
To create or execute a will.
To convey or transfer any interest in immovable property.
To sign any contract for the sale or other disposition of immovable property, or any interest in such property.
To create, perform, or enforce an indenture, declaration of trust, or power of attorney, except as provided under the Mental Capacity Act 2008.
Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024