Is an electronic signature legal in Bangladesh? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Bangladesh, primarily regulated by the Information and Communication Technology Act 2006 (ICT Act).

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

Bangladesh recognizes two types of electronic signatures, namely electronic signatures and secure digital signatures.

1. Electronic Signatures

Electronic signatures must be able to:

• Confirm the signatory;
• Be unique to the signatory;
• Be created in a secure manner or by means under the exclusive control of the signatory; and
• Be associated with attached data, capable of identifying any subsequent changes to the data.

2. Secure Digital Signatures

The ICT Act defines a secure digital signature as the use of an asymmetric encryption system (public key infrastructure, PKI) by a user to authenticate any electronic record. This specific definition limits the highest form of legal recognition to PKI-based signatures that are verified by a digital certificate.

If an electronic signature meets the following conditions when affixed, it will be considered a “secure digital signature”:

• Be unique to the affixer;
• Be capable of identifying the affixer;
• Be created in a manner or method under the exclusive control of the affixer.

In which scenarios can electronic signatures be used in Bangladesh?

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

• Commercial contracts: sales contracts, service agreements, non-disclosure agreements (NDAs), supply contracts, and business-to-business (B2B) agreements.
• Employment and human resources documents: employment contracts, employee onboarding forms, internal policies, resignation applications, and non-disclosure agreements.
• Insurance and banking: many transactional documents in the insurance and non-excluded banking industries, although highly regulated documents may have specific entity requirements.

In which scenarios is a traditional signature required in Bangladesh?

The following scenarios typically require a traditional signature:

• Powers of attorney
• Deeds of sale related to real property
• Agreements subject to stamp duty
• Documents that require signing and/or witnessing before a notary public
• Legal proceedings-related documents that require swearing before a commissioner for oaths