eSignature Legality Summary
eSignatures are legally valid and admissible in the court of law. Cambodia follows a hierarchical root of trust model where eSignatures or digital signatures issued by a Certifying Authority are considered legally valid. Specific use cases for eSignatures are indicated in the Sub-Decree.To be considered as a digital signature, it must properly and specifically affirm the identity of the digital signatory, confirm the original status of the electronic message, and certify the time and date that the digital signature was executed. The Sub-Decree provides that an electronic message linked to a digital signature as verified by a certifying authority has the same legal equivalence as a written letter.
It is important to note that under this Sub-Decree, all financial transactions via online systems must now use a digital signature in accordance with this Sub-Decree. This is unless otherwise determined by the joint Prakas between the Ministry of Economy and Finance, the MPTC, and the National Bank of Cambodia. It is incumbent upon the certifying authority and the owner of the digital signature certificate to keep the creation key for digital signatures secret and secure. Publication of a digital signature creating key, or any violation of particular obligations under this Sub-Decree will be subject to penalties and fines.
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Use Cases for eSignatures ?
Use cases where an SES is typically appropriate include:
- Speedy HR document preparation with preapproved templates, easy update of each employee, new employee onboarding processes as well as 360 degree view of employee files.
- End user agreements including sales & service terms, new retail account opening documents, invoices, shipment details, user manual, EULAs, policies
- HR documents such as Employment Contracts, benefits paperwork and other new employee onboarding processes, but not termination notices
Use Cases for Qualified Signatures ?
Use cases where an AES is typically appropriate include:
- Purchase, procurement and commercial agreements including invoices, trade and payment terms, certificates, NDAs, sales & distribution agreements, order acknowledgements.
- License agreements for software, end user license agreements EULAs
Use Cases that are not appropriate for Electronic Signatures
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.
- Handwritten - contracts related to real property transfer
- Handwritten - intangible property transfers
- Handwritten - transfer of movable assets
List of Local Trust Service Providers
| Institute | Regulatory Body/CA/DSC Providers | Supported by emSigner | Website |
|---|---|---|---|
| The General Department of ICT (GDICT) at the Ministry of Posts and Telecommunications | Controller of Certification Authorities | Yes | https://www.dti.gov.ph/ |
“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made
[1] An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.
[2] A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.
External Resources
https://docs.google.com/viewerng/viewer?url=http://themoonpage.com/wp-content/uploads/2018/01/20180130-digital-signature.pdfeMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.