Are electronic signatures legal in Cambodia? Which laws primarily regulate electronic signatures?

The E-commerce Act of Cambodia in 2019 provides for provisions on the legality and requirements of electronic signatures; and the Royal Government of Cambodia issued Decree No.246 (the "Decree No.246") in 2017 relating to digital signatures, which provides for electronic signatures.

What is an electronic signature in Cambodia?

According to the E-commerce Law, an electronic signature is defined as "any signature created electronically for the purpose of identifying the identity of the signer, including digital signatures, biomass signatures and other signatures".

What types of electronic signatures are recognized in Cambodia? What are the requirements for each type?

Cambodia recognizes two types of electronic signatures, electronic signature and digital signature.

1. Electronic signature

Under the E-Commerce Act, an electronic signature is considered valid if it meets the following requirements:

• The signature may be used to identify the signer and reflect the signer 's approval of the information contained in the electronic record; and
• The signature is reliable in the light of the characteristics, purpose and circumstances of the electronic transaction.

2. Digital signature

"Digital signature" is defined as data associated with an electronic message that is used to confirm the identity of the digital signer and verify the original state of the electronic message.

To be considered a digital signature, it must correctly and specifically identify the identity of the digital signer, confirm the original state of the electronic message and prove the time and date when the digital signature was executed. This will include other requirements as determined by the Ministry of Posts and Telecommunications ("MPTC").

According to Decree No.246, a digital signature must be issued by an authentication body or trust service provider authorized by the Ministry of Posts and Telecommunications of Cambodia and meet the following requirements:

• It must prove the identity of the accurate and specific digital signer;
• It must prove the authenticity of a message with such a digital signature;
• It must prove the time and date of signing the digital signature;
• It must meet any other conditions required by the Ministry of Posts and Telecommunications. (Please note that there is no specific information about these conditions, but if the first three requirements are met, the digital signature is likely to be acceptable).

According to Decree No.246, all online financial transactions shall be subject to digital signatures unless otherwise provided by an inter-ministerial decision of the Ministry of Economy and Finance, the Ministry of Posts and Telecommunications and the National Bank of Cambodia.

What circumstances does Cambodia usually need a traditional signature?

According to the Electronic Commerce Act, electronic signatures (including digital signatures) cannot be used for activities, documents or transactions relating to:

• Establishment and implementation of the letter of authorization;
• The creation and signing of wills, wills or other matters related to inheritance;
• Any contract relating to the sale, transfer or waiver of real property rights and other benefits in such property;
• Transfer of real property or any interest in such property; and
• Any other circumstances shall be determined as exceptions by sub-decrees.