Electronic Signature Laws & Regulations - Singapore

Electronic signatures are commonly used for all types of transactions in Singapore, and their use is increasing as a result of expanded use by local companies now that certain cross border trade documents (such as bills of exchange) can be signed electronically. Singaporean law makes a distinction between electronic signatures and secure electronic signatures, with digital signatures backed by certificates from trusted service providers treated as a form of secure electronic signature.

In Singapore, the use of electronic and secure electronic signatures is governed by the Electronic Transactions Act, Cap 88 (ETA) and the Electronic Transactions (Certification Authority) Regulations 2010.

Electronic Signatures
For an electronic signature to be valid, it must meet the following conditions:

1. There must be reliable assurance about the integrity of information in the electronic record, from the time it was first made in its final form;
2. Where the electronic record is to be provided to a person, it must be capable of being displayed to that person; and
3. It must comply with any additional requirements relating to electronic records specified by the public agency supervising the provision or retention of such records.

For a secure electronic signature to be valid, it must be possible to verify that, at the time it was made, it was:

1. unique to the person using it;
2. capable of identifying such person;
3. created in a manner or using a means under the sole control of the person using it; and
4. linked to the electronic record to which it relates in a manner such that if the record was changed the electronic signature would be invalidated.

The above conditions for a secure electronic signature can be met through the application of a specified security procedure (as prescribed under the Electronic Transactions (Certification Authority) Regulations 2010 as well as the Third Schedule to the ETA), or a commercially reasonable security procedure agreed to by the parties involved.

Under the ETA, both electronic signatures and secure electronic signatures are enforceable and admissible. Though note that only a secure electronic signature has the same legal effect and same presumption as a handwritten signature. If the electronic signature is not a secure electronic signature then this presumption will not apply.

In addition to the requirements for a valid secure electronic signature, a digital signature must meet the following conditions:

1. It must have been created during the operational period of a valid certificate and could be verified by reference to the public key listed in that certificate; and
2. The certificate is considered trustworthy because:
   1. it was issued by an accredited certification authority operating in compliance with the regulations; or
   2. it was issued by a recognized certification authority; or
   3. it was issued by a public agency approved by the Minister to act as a certification authority on such conditions as he may by regulations impose or specify; or
   4. the parties have expressly agreed between themselves (sender and recipient) to use a digital signature as a security procedure, and the digital signature was properly verified by reference to the signatory’s public key.

The ETA includes a voluntary accreditation scheme of certification authorities (CAs), which is overseen by the Infocomm Development Authority of Singapore. However, non-accredited CAs still need to comply with basic duties and obligations, which include the duty to use trustworthy systems in their businesses and to issue, suspend, revoke, and publish its certificates under specific circumstances. Accredited CAs must comply with additional duties and obligations such as undergoing audits prior to each term of accreditation and more stringent requirements relating to the issuance, renewal, suspension, revocation, and publication of its certificates.

Digital signatures based on digital certificates issued by accredited CAs are automatically considered to be trustworthy and are recognised by the law. There are, as of the date of this posting, two accredited certification authorities: (a) Netrust Pte Ltd; and (b) Assurity Trusted Solutions Pte Ltd.

Judges are familiar with the laws surrounding e-records and e-signatures. Electronic signatures are widely accepted as evidence, and judges frequently cite the ETA in cases pertaining to signatures and contracts.

Special considerations

Transacting with public sector entities
A SingPass account is required to use electronic signatures with government entities, The Singapore Personal Access, or SingPass system, is a single sign-on online service that allows those with Singapore IDs to be able to transact with government agencies. The “Sign with SingPass” feature on the SingPass mobile application allows users to digitally sign an electronic document. Such digital signatures use certificates issued by Assurity Trusted Solutions (“ATS”), the national certification authority in Singapore. Upon ATS’ accreditation under the ETA, such digital signatures will be regarded as secure electronic signatures.

Use cases that generally require a traditional signature
In Singapore, there are several use cases that generally require a traditional signature. Additionally, there are several instances that require additional consideration for legal compliance of e-signatures such as when transacting with public sector entities. The following are excluded from the ETA and therefore cannot be electronically signed:

• Wills;
• The creation, performance or enforcement of an indenture, declaration of trust or power of attorney, with the exception of implied, constructive and resulting trusts and a lasting power of attorney;
• Any contract for the sale or other disposition of immovable property, or any interest in such property; and
• The conveyance of immovable property or the transfer of any interest in immovable property.