Is electronic signature legal in Afghanistan? Which laws mainly regulate electronic signatures?

Electronic signatures are legal in Afghanistan and are mainly regulated by the Electronic Transactions and Signature Law of 2020.

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

The Electronic Transactions and Signature Law stipulates that when the law requires a person’s signature, the signature requirement for a data message is met if the electronic signature used is appropriate and reliable for the purpose of generating or transmitting the data message, considering all circumstances (including any relevant agreement).

• In the context of its use, the signature creation data is linked to the signatory and not to any other person (a “certificate” is defined as “a data message or other record that confirms the association between the signatory and the signature creation data”);

• At the time of signing, the signature creation data is under the control of the signatory and not any other person;

• Any changes made to the electronic signature after signing are detectable;

• If one of the legal requirements of the signature is to guarantee the integrity of the information to which it relates, any changes made to that information after signing are also detectable.

  When signature creation data is available for creating legally binding signatures, each signatory shall:

• Take reasonable care to avoid unauthorized use of signature creation data;

• Without undue delay, notify any person who the signatory reasonably expects to rely on the signature or provide support for electronic signature services, using the means provided by the certification service provider under Article 26, or by other reasonable efforts, if: (i) the signatory knows that the signature creation data has been compromised; or (ii) the signatory is aware of circumstances that give rise to a significant risk that the signature creation data may have been compromised;

• If a certificate is used to support an electronic signature, take reasonable care to ensure the accuracy and completeness of all material representations made by the signatory that are relevant to the entire lifecycle of the certificate or that are to be included in the certificate.

## In Afghanistan, in which scenarios can electronic signatures be used?

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

• Commercial contracts: sales, procurement, service level agreements (SLAs), non-disclosure agreements (NDAs), and general corporate B2B contracts

• Corporate governance: internal memos, certain board resolutions, internal policy acknowledgments, and employment contracts (where permitted by specific labor laws)

In Afghanistan, which scenarios require traditional signatures?

The following scenarios typically require traditional signatures:

• Wills and testamentary dispositions

• Powers of attorney

• Matters involving personal identity

• Negotiable instruments

• Sale or permanent transfer of real estate