Pakistan Electronic Signature Compliance Explanation

Are electronic signatures legal in Pakistan? What are the main laws governing electronic signatures?

Electronic signatures are legal in Pakistan, and Pakistan’s electronic signatures are primarily regulated by the Electronic Transactions Ordinance 2002 (hereinafter referred to as “ETO”).

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

Pakistan recognizes two types of electronic signatures, namely electronic signatures and advanced electronic signatures.

1. Electronic Signature

   Refers to any letter, number, symbol, image, character, or any combination thereof, existing in electronic form, attached to, incorporated into, or associated with an electronic document, for the purpose of verifying or approving the document to establish authenticity or integrity, or both.

   The default eSignGlobal electronic signature can meet Pakistan’s requirements for electronic signatures

2. Advanced Electronic Signature

   Refers to an electronic signature that meets one of the following conditions:

   Unique to the signatory, capable of identifying the person, created in a manner or by means solely under the control of the signatory, and attached to its associated electronic document in a manner that can be detected by any subsequent changes in the electronic document;

   or:

   Provided by a recognized certification service provider and recognized by the Certification Committee, capable of establishing the authenticity and integrity of the electronic document.

   Regarding the presumption of advanced electronic signatures:

   In any legal proceeding involving advanced electronic signatures, it shall be presumed, unless evidence to the contrary is provided, that:

   An electronic document bearing an advanced electronic signature is authentic and has integrity as the subject matter involved or confirmed in a valid certification certificate;

   or:

   The advanced electronic signature is the signature of the person associated with it, and the advanced electronic signature was attached by that person with the intention of signing or approving the electronic document, and the electronic document has not been modified since then.

   The signatures provided by eSignGlobal after integrating local trusted service providers can meet Pakistan’s requirements for advanced electronic signatures

In what scenarios in Pakistan is a traditional signature required?

• Negotiable securities
• Powers of attorney (Section 7 of the Powers of Attorney Act 1881)
• Trusts, but not including constructive, implied, and resulting trusts (Trusts Act 1882)
• Wills or any form of testamentary disposition
• Contracts for the sale or transfer of immovable property or any rights thereto