Are electronic signatures legal in the Democratic Republic of Congo? Which laws primarily regulate electronic signatures?

Electronic signatures are legal in the Democratic Republic of Congo, primarily regulated by the Digital Code No. 23/010 of March 13, 2023.

What types of electronic signatures are recognized in the Democratic Republic of Congo? What are the respective requirements?

The Democratic Republic of Congo recognizes two types of electronic signatures, namely simple electronic signatures (including simple electronic seals) and qualified electronic signatures (including qualified electronic seals).

1. Simple Electronic Signature

   The Digital Code defines an electronic seal as “electronic data attached to or logically associated with other electronic data to ensure the originality and integrity of such data.”

   The Digital Code defines an electronic signature as “a mechanism used to ensure the integrity and non-repudiation of documents, and to accurately verify the identity of the author and provide evidence of their consent, in accordance with the provisions of this decree.”

   Service providers considered as trusted service providers include the following services: 1. Electronic signatures; 2. Electronic seals; 3. Electronic timestamps; 4. Electronic archiving; 5. Electronic authentication; 6. Website authentication; 7. Electronic registered mail; 8. Cryptography.

   The order of the Minister in charge of digital affairs will supplement the list of trusted service providers, and the National Electronic Authentication Bureau will be consulted in writing.

2. Qualified Electronic Signature

   A qualified electronic signature should meet the following requirements:

   • Uniquely associated with the signatory;

   • Capable of identifying the signatory;

   • Created using electronic signature creation data that the signatory can use with a high level of confidence under exclusive control;

   • Associated with data related to the signature so that any subsequent data modification can be detected.

   Providing electronic seals to service agencies meets the following requirements:

   • It is a qualified electronic seal;

   • It is a qualified electronic seal based on a qualified certificate;

   • It is at least a quality electronic seal of the format or method specified in the digital code

   Only certified trust service providers can provide qualified electronic signature custody services, and the procedures and technologies used by such providers can extend the reliability of qualified electronic signatures beyond the technical validity period.

   eSignGlobal’s signatures, provided through integration with local trusted service providers, meet the requirements for qualified electronic signatures in the Democratic Republic of Congo

   It should be noted that although the Democratic Republic of Congo does not deny the validity of documents signed solely in electronic form, electronic signatures provided by non-domestic trusted service providers have lower probative value and often require more evidence to support them. Therefore, it is recommended that when signing contracts in the Democratic Republic of Congo, the jurisdiction should be agreed upon in other international jurisdictions to reduce the risk of local litigation in Congo.

   In which scenarios can electronic signatures be used in the Democratic Republic of Congo?

   Electronic signatures can be used in the following scenarios, but are not limited to:

   • Business contracts: such as sales contracts, service agreements, non-disclosure agreements (NDAs), and supply contracts

   • Human resources documents: employment contracts, internal policy confirmations, and other human resources-related forms

   • Administrative and regulatory filings: such as tax filings and company registration forms

   In which scenarios is traditional signature required in the Democratic Republic of Congo?

   Traditional signatures are usually required in the following scenarios:

   • Real actions: including property transfer deeds (e.g., land, buildings) and certain types of contracts (e.g., articles of association or mortgages)

   • Family law documents: documents related to family status (e.g., marriage certificates or divorce certificates)

   • Wills

   • Certain judicial acts (e.g., affidavits)

   ★ Disclaimer:

   The content of this page is for reference only. It aims to provide background information on the electronic signature legal frameworks of various countries/regions. Please note that the content of this page does not constitute legal advice and should not be used or relied upon as legal advice. For any legal issues related to the use of electronic signatures in a specific jurisdiction, we recommend consulting relevant legal counsel. eSignGlobal does not assume any responsibility for any express, implied, or statutory statements or warranties regarding this page or its materials, including but not limited to statements, guarantees, or warranties regarding merchantability, fitness for a particular purpose, or accuracy. If there are other language versions of the electronic signature compliance explanation and their content is inconsistent with the Chinese version, the Chinese version shall prevail.