Are electronic signatures legal in Brunei Darussalam? What are the main laws regulating electronic signatures?
Electronic signatures are legal in Brunei Darussalam. Electronic signatures in Brunei Darussalam are primarily governed by the Electronic Transactions Act 2001.
What is an electronic signature in Brunei Darussalam?
Section 2 of the Electronic Transactions Act defines an "electronic signature" as any letter, character, number, or other symbol in digital form attached to or logically associated with an electronic record, and executed or adopted with the intention of authenticating or approving the electronic record.
What types of electronic signatures are recognised in Brunei Darussalam? What are the respective requirements for each?
Brunei Darussalam recognises two types of electronic signatures: Secure Electronic Signatures and Secure Digital Signatures.
- Secure Electronic Signature
● It uses a security procedure agreed to by the relevant parties to verify that the signature is unique to the person using it;
● It is capable of identifying the signatory and ensuring that the signature and the data are under the sole control of the signatory at all times;
● It is linked to the electronic record to which it relates in such a manner that if the record is changed, the electronic signature is invalidated.
eSignGlobal's default electronic signature offering can satisfy the Brunei Darussalam requirements for a Secure Electronic Signature.
- Secure Digital Signature
A "digital signature" refers to an electronic signature generated by the transformation of an electronic record using an asymmetric cryptosystem and a hash function, such that a person having the initial untransformed electronic record and the signatory's public key can accurately determine that:
● The digital signature was created using the public key during the operational period of a valid certificate;
● The certificate is trustworthy and accurately binds the public key to the identity of an individual.
Signatures provided by eSignGlobal, through integration with local recognised trust service providers, can meet the Brunei Darussalam requirements for a Secure Digital Signature.
In which scenarios is the use of electronic signatures generally appropriate in Brunei Darussalam?
Electronic signatures can be used in Brunei Darussalam for, but are not limited to, the following instruments or in the following scenarios:
● Human Resources (HR) documents, such as employment contracts, benefits documentation, and other new employee onboarding processes.
● Commercial agreements between corporate entities, including Non-Disclosure Agreements (NDAs), procurement documents, and sales agreements.
● Consumer agreements.
In which situations are traditional (wet-ink) signatures required in Brunei Darussalam?
Traditional signatures are required for the following instruments or in the following scenarios:
● The creation of any legal instrument or document under any written law relating to Islamic law.
● The creation or execution of a will under any written law relating to wills.
● Negotiable instruments.
● Deeds.
● Declarations of trust.
● Powers of attorney.
● Contracts for the sale or other disposition of immovable property, or any interest in such property.
● Conveyances of immovable property or the transfer of any interest in such property.
● Documents of title relating to immovable property.
★Disclaimer：
The Content of this page is for reference only. It aims to provide background information on the legal framework of the national electronic signature. Please note that the contents of this page do not constitute legal advice and should not be used or relied on as legal advice. For any legal questions concerning your use of electronic signatures in a particular jurisdiction, we recommend that you consult the relevant legal counsel.eSginGlobal Do not be liable for any express, implied or statutory representations or warranties of this page or the materials thereon, including, but not limited to, representations, guarantees or warranties of merchantability, applicability or accuracy for a particular use.