Electronic Signatures in Zambia

SigniFlow Software and the Electronic Communications and Transactions Act of 2021

Electronic Signatures in Zambia

1. The Electronic Communications and Transactions Act of 2021 permits the use of electronic signatures in Zambia and regulates e-commerce transactions.

   “Electronic Signature” means  
   a) sound;
   b) symbol;
   c) process; or
   d) other data created or adopted by a person with the intent to sign a data message.

   Standard electronic signatures, digital signatures and advanced electronic signatures are widely accepted in Zambia.

2. Legality of Electronic Signatures in Zambia

Section 6 (2) states that an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form.  

SigniFlow Software complies with all aspects for the provisioning of electronic signatures in Zambia as provided for in the Electronic Communications and Transactions Act of 2021. 

The Act distinguishes between an “electronic signature”, a “digital signature” and “advanced electronic signature”. 

The Act defines an “electronic signature” as “a) sound; (b) symbol; (c) process; or (d) other data created or adopted by a person with the intent to sign a data message.” 

“Digital signature“ means an electronic signature consisting of a transformation of an electronic record using an asymmetric cryptosystem and a hash function such that a person having the initial untransformed electronic record and the signer’s public key can accurately determine whether the—

a) transformation was created using the private key that corresponds to the signer’s public key; and
b) initial electronic record has been altered since the transformation was made, “asymmetric crypto system” means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key to verify the digital signature. 
“advanced electronic signature” means a digital signature that is based on a certificate, that is unique to the user, capable of verification, under the sole control of the person using it and linked to the data in a manner that if the data is changed, the signature is invalidated; 
“certification authority” means an entity licensed under section 28 to manage and issue certificates and public keys; 
“certification service” means a service of—  

a) issuing certificates necessary for giving digital signatures or digital seals to users;
b) enabling the verification of digital signatures or digital seals given on the basis of certificates; 
c) implementing procedures for suspension, termination of suspension and revocation of certificates;
d) checking the revocation status of the certificate and advising the relying party; or 
e) issuing cross-pair certificates;

The ECT makes it clear that a person who intends to provide cryptography services shall apply for registration to the National Root Certification Authority in the prescribed manner and form on payment of a prescribed fee. 

Where the signature of a person is required by law and that law does not specify the type of signature, that requirement in relation to a data message is met if an advanced electronic signature is used. An electronic signature is not without legal force and effect merely on the grounds that it is in electronic form.  

Where an electronic signature is required by the parties to an electronic transaction and the parties have not agreed on the type of electronic signature to be used, that requirement is met in relation to a data message if—

a) a method is used to identify the person and to indicate the person’s approval of the information communicated; and 
b) having regard to the relevant circumstances at the time the method was used, the method was reliable and appropriate for the purposes for which the information was communicated.

Where an electronic signature is not required by the parties to an electronic transaction, an expression of intent or other statement shall not be without legal effect merely on the grounds that—

a) it is in the form of a data message; or 
b) it is not evidenced by an electronic signature but is evidenced by other means from which that person’s intent or other statement may be inferred. 

Where an advanced electronic signature is used as a valid signature, that signature shall be treated as a valid electronic signature and to have been applied properly, unless the contrary is proved. 

Documents which require an advanced electronic signature: 

1) Where a law requires a signature, statement or document to be notarised, acknowledged, verified or made under oath. 
2) Where a law requires or permits a person to provide a certified copy of a document and the document exists in paper or other physical form, that requirement is met if an electronic copy of the document is certified to be a true copy thereof and the certification is confirmed by the use of an advanced electronic signature. 

Documents which cannot be signed electronically:  

1) A Will 
2) Declaration of trust of Power of Attorney 
3) Contract of sale or disposition of immovable property, or interest in immovable property 
4) Transfer or conveyance of immovable property

As for foreign signatures and certificates:

Section 35 states The National Root Certification Authority may, by notice in the Gazette and subject to the conditions that the National Root Certification Authority may determine, recognise a licence, accreditation or recognition granted to a foreign certification authority by a foreign country.