Are electronic signatures legal in Ethiopia? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Ethiopia, and Ethiopian electronic signatures are regulated by the Electronic Signature Proclamation No. 1072/2018 (hereinafter referred to as the “Proclamation”).

What types of electronic signatures are recognized in Ethiopia? What are the respective requirements?

Ethiopia recognizes two types of electronic signatures, namely electronic signatures and digital signatures.

1. Electronic Signatures

An “electronic signature” refers to information that exists in electronic form, is attached to or logically associated with electronic information, can be used to identify the signatory associated with the electronic information, and indicates the signatory’s acknowledgment of the information contained in the electronic information.

The Proclamation stipulates that electronic signatures shall not be denied legal effect, validity, or admissibility as evidence in any legal proceedings solely because they exist in electronic form.

2. Digital Signatures (also known as Qualified Electronic Signatures)

A “digital signature” refers to an electronic signature that uses an asymmetric cryptographic system and meets the following requirements:

• It is uniquely associated with the signatory;
• It can identify the signatory;
• It is created using a private key solely controlled by the signatory; and
• It is associated with the relevant electronic message in a manner that allows any subsequent changes to the electronic message or signature to be detected.

Legal presumptions related to the use of qualified electronic signatures

In civil proceedings, when electronic data is signed using a qualified electronic signature, the following presumptions apply:

• The electronic signature is the user’s signature;
• The user intended to approve the electronic data when attaching the electronic signature;
• The electronic data and electronic signature have remained unchanged since the signature was applied.

In which scenarios can electronic signatures be used in Ethiopia?

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

• Contracts and agreements: business contracts, employment agreements, and service contracts
• Financial documents: loan agreements, investment documents, and financial reports
• Human resources documents: employee onboarding forms, non-disclosure agreements (NDAs), and performance evaluations
• Business transactions: purchase orders, sales agreements, and supplier contracts

In which scenarios is a traditional signature required in Ethiopia?

Traditional signatures are typically required in the following scenarios:

• Transactions related to personal identity, such as marriage and divorce.
• Transactions related to the creation, execution, or revocation of wills or testamentary documents.
• Court proceedings, judicial subpoenas, search warrants, arrest warrants, and judicial judgments.
• Transactions related to the transfer of real property interests.
• The creation and execution of powers of attorney.