Electronic signatures decoded
Electronic signatures are digital versions of your signature that indicate your agreement to the contents of a document or contract when you sign it online. They provide a hassle-free way to sign documents remotely, eliminating the need for physical paperwork, and facilitating faster and more streamlined transactions.
E-signatures are legally binding for a variety of purposes and can be typed, drawn on the screen of an electronic device, or uploaded from your desktop. This modern alternative to "wet" signatures has been adopted across the world because it empowers individuals and businesses to sign documents online in a legal, secure, and efficient way.
Boosting businesses with e-signatures
In the digital era, electronic signatures have become an indispensable part of business operations, offering convenience, efficiency, and legality. Adopting Zoho Sign for electronic signatures enhances the signing process by ticking crucial boxes such as:
- Speed
- Authentication
- Security
- User experience
- Cost-effectiveness
- Legal structure
Domains where e-signatures are making waves
- HR
- Banking and Finance
- Education
- Healthcare
- Logistics and supply chains
- Retail and e-commerce
- Government services
- Technology and IT
The legality of e-signatures in Singapore
Singapore was among the first countries in the world to introduce legislation to allow electronic commerce. Since then, it has witnessed a rapid adoption of e-signatures over the years, across different industries. To ensure the ethical use of e-signatures, it is important to understand the legal implications and requirements associated with them to avoid cybersecurity concerns. This page aims to provide an overview of the laws governing e-signatures in Singapore and the procedures to follow to ensure compliance.
Electronic Transactions Act, 2010 (ETA):
The Infocomm Media Development Authority (IMDA) of Singapore provides a legal basis for the recognition and application of electronic signatures.
Electronic Transactions (Certification Authority) Regulations, 2010:
Oversees the approval of certification authorities. It covers various aspects, such as criteria, the application process, reasons for refusal, conditions for cancellation and suspension of accreditation, the conduct of business, the usage of an accreditation mark, and standards for repository.
Types of Electronic Signatures recognised under the law
Simple Electronic Signature
A "simple signature," whether electronic or not, is a basic signature that serves as a means of identifying a person and expressing their intention with regard to data in a record.
What can be considered an Electronic Signature?
- Affixing their digitised signature.
- Using a stylus or finger to sign on a digital screen.
- Checking a box or selecting "I accept" when filling out an online form.
Secure Electronic Signature
"Secure Electronic Signature" refers to an Electronic Signature that is recognised as such under Section 18 or any other Act provision.
Sec 18–Conditions to follow to be considered a “Secure” Electronic Signature:
- Unique to the person using it;
- Capable of identifying such person;
- Created in a manner or using a means under the sole control of the person using it; and
- 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.
Please note that the security level and legal acceptability of an electronic signature vary depending on the specific type of signature and the jurisdiction in which it is used.
Presumptions relating to Secure Electronic Records and Signatures
- Unless there is evidence presented stating otherwise, it is presumed that the Secure Electronic Record has remained in its original state since the particular point in time to which its secure status pertains.
- A Secure Electronic Signature is presumed to belong to the signer and was affixed by that person with the intention of signing or approving the electronic record unless proven otherwise.
- Section 19 of the ETA states that in the absence of a Secure Electronic Record or a Secure Electronic Signature, there are no presumptions made about the authenticity or integrity of electronic records or signatures.
Digital signature
A digital signature is a specific type of electronic signature that uses an asymmetric cryptographic system and a hash function to ensure the authenticity and integrity of data, such that a person in possession of the un-transformed electronic record and the signer’s public key can precisely determine:
- if the alteration was created using the private key that correlates with the signer’s public key; and
- if there are alterations made to the initial electronic record (Para 1, III schedule, ETA).
What qualifies as a digital signature?
If any part of an electronic record is signed with a digital signature, that signature is considered a secure electronic signature for that portion of the record if the digital signature meets the following conditions:
- It must have been produced during the operational period of a valid certificate and could be verified with respect to the public key listed in that certificate; and
- The certificate was issued by an accredited certification authority;
- The certificate was issued by a recognised certification authority;
- The certificate was issued by a public agency sanctioned by the Minister to act as a certification authority; or
- The parties have a mutual agreement to use a digital signature as a security measure, and the digital signature was appropriately verified in relation to the signer’s public key.
The IMDA administers the accreditation scheme of certification authorities, contained in the ETA. In addition to their regular duties, accredited CAs are required to conduct audits prior to each accreditation period and adhere to stricter guidelines when it comes to issuing, renewing, suspending, revoking, and publishing their certificates.
Zoho Sign's integration with Singpass
Zoho Sign's integration with Singpass, a trusted digital identity platform for Singapore residents, allows users to digitally sign documents, such as contracts and agreements, using their Singpass credentials. It is important to note that these signatures are classified as digital signatures, which provide an additional layer of security as opposed to simple or secure electronic signatures.
In the wake of the pandemic, Singpass introduced Sign with Singpass to help businesses sign documents digitally. Zoho Sign has partnered with the Government Technology Agency (GovTech) to offer Sign with Singpass directly from the Zoho Sign application.
When users employ Sign with Singpass, the digital signature certificates are issued directly to individual signers by the National Certification Authority (an accredited certification authority) and are, therefore, fully compliant.
This seamless integration empowers Singapore residents with a handy solution for managing their document signing needs, offering unparalleled convenience and security. To learn more, visit our Zoho Sign and Singpass integration page.
Streamlining Singapore's digital future with Zoho Sign
With Zoho Sign's e-signature capabilities, businesses can simplify document workflows, eliminate paper-based inefficiencies, and ensure secure, legally compliant transactions—all while aligning with Singapore's digital transformation goals.
Identification and reliability:
Zoho Sign employs strong authentication techniques, such as OTP authentication and PKI-based signing, to ensure that the e-signature is uniquely identifiable.
Control over the data used for the signature:
Only the signatory is allowed to review the document before signing and provide choices to make changes or reject the document if necessary.
Detectable alterations:
Zoho Sign ensures any alterations to the electronic signature or the document to which the signature is affixed are detectable through an elaborate audit trail of occurrence of all activities during the signing process. This audit trail comprises critical information such as the identity of the signatory, the timestamp of the signature, and changes made to the document.
Enhanced security:
Zoho Sign employs robust encryption protocols, such as the military grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents exposure of documents and data from data breaches.
Audit trails:
Modifications made to the document after signing should be easily detectable. This is made possible through audit trails that capture timestamps, IP addresses, signing procedures, and other pertinent activity.
Document timestamping
A digital timestamp is a digitally signed notation that is appended to the electronic data, digital signature, or certificate that indicates that certain digital data exists at a certain point in time. This process securely binds the date and time to the document, ensuring its authenticity and integrity.
Zoho Sign partners with recognised timestamping authorities, GlobalSign and Seiko, to provide trusted digital timestamps for commercial transactions. These timestamps validate the authenticity of e-signatures and verify that the signed document existed in the given form at the time of signing and remains unaltered, adding a robust layer of security to the signing process. By making signatures tamper-proof, digital timestamps enhance the reliability of signed documents for both legal and commercial purposes.
Use cases where electronic signature will not suffice
Instances where a traditional signature is required and cannot be electronically signed according to the ETA include:
- Wills
- The creation or imposition of an indenture, declaration of trust, or power of attorney
- Any contract for the sale or other disposition of immovable property, such as sale deeds, exchange deeds, mortgage deeds, etc.
- Any type of deed used for the transfer of ownership of a property or the transfer of any interest in immovable property, such as a deed of conveyance, sale agreement, etc.
Conclusion
Singapore, being one of the first few countries in the world to enable e-commerce, continues to embrace digitalisation, with Zoho Sign as its strong ally, facilitating legally binding transactions. Zoho Sign's adherence to the Electronic Transactions Act and other relevant regulations helps Singaporean businesses thrive in the modern era. By understanding the legal considerations outlined in this page, users can rely on Zoho Sign to streamline their document workflows while ensuring compliance with Singaporean laws.
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Disclaimer
The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.