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

Electronic signatures are legal in Myanmar, and Myanmar electronic signatures are primarily regulated by the Electronic Transactions Law (referred to as “ETL”) (enacted in 2004, revised in 2021).

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

Myanmar recognizes two types of electronic signatures, namely simple electronic signatures and advanced electronic signatures.

1. Electronic Signature

An electronic signature refers to any symbol or mark arranged by an individual or their representative through electronic technology or other similar technologies, used to verify the authenticity of the source of an electronic record and the absence of any changes or substitutions.

ETL also stipulates:

• Matters that require written or signed documents under existing laws can be conducted through electronic records, electronic data messages, or electronic signatures.
• Electronic records, electronic data messages, or electronic signatures created under subsection (1) shall be considered legal, as if they were created under the relevant laws.

The law explicitly stipulates the validity of electronic records and electronic signatures, “and shall not be denied legal effect, validity, or enforceability solely on the grounds that they are made through electronic technology.”

1. Electronic Signature with Attached Certificate

ETL refers to the signatory as the subscriber: the individual identified as the true signatory in the electronic signature certificate through any technology.

As a subscriber, the following requirements must be met:

• Any person wishing to be a subscriber shall apply to the certification authority to obtain a certificate in accordance with the regulations
• The certification authority may, after reviewing the application under subsection (1), issue the certificate subject to conditions or refuse to issue the certificate.

It should be noted that: in practice, private contracts are usually signed with electronic signatures, provided that legal documents do not need to be registered under the Registration Law (2018). Myanmar government authorities usually require the submission of original signed documents, as do auditors and most Myanmar institutions (such as banks). Even for contracts between private parties using electronic signatures, the Myanmar Inland Revenue Department may require the original “wet” signature in paper form to be accepted as evidence when filing tax returns.

In which scenarios in Myanmar is a traditional signature required?

The following scenarios usually require a traditional signature:

• Wills
• Negotiable instruments
• Trusts
• Powers of attorney
• Documents related to ownership
• Instruments required to be registered under existing laws