Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?
Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.
Digital signatures use certified-based digital IDs to authenticate each signer’s identity whereas electronic signatures are broadly defined as “any letter, character, number, sound or any other symbol or any combination thereof created in an electronic form adopted by a person as a signature”.
Documents that qualify for use of e-signature is broad. These documents are “”electronic message”” which are information generated, sent, received or stored by electronic means under s.5 ECA.
What is the legality of e-signatures in your jurisdiction? Are there key exceptions?
Where the requirements under s.62 DSA are met, digital signatures shall be as binding as a document signed with a handwritten signature, an affixed thumb print or any other mark.
Where the requirements under s.9 ECA are met, electronic signatures shall be legally binding.
However, documents that require notarization or the affixation of seal cannot be electronically signed i.e. powers of attorney, wills and codicils, documents for creation of trusts and negotiable instruments.
What is the e-signature law enforceable in your jurisdiction?
E-signature laws enforceable in Malaysia are the Electronic Commerce Act 2006 (“ECA”) which deals with electronic signatures and Digital Signature Act 1997 (“DSA”) which deals with digital signatures.