Getting to know e-signatures
Sending electronic documents online has become a common practice, and these documents often require signatures. Electronic signatures, also called e-signatures, provide an efficient way to sign documents online, which reduces paperwork and streamlines transactions. E-signatures also help protect documents with enhanced security and authentication techniques. As a result, e-signatures have gained popularity worldwide, helping businesses meet their objectives efficiently.
Accelerating Afghanistan's paperless vision with e-signatures
Afghanistan is making giant strides toward digital transformation, particularly in electronic transactions and signatures. With the passing of the Law on Electronic Transactions and Signatures (2020), the country has paved the way for a smoother transition from paper-based processes to digital solutions. This law supports Afghanistan's broader goal of digitising both government and business operations, ensuring a seamless digital ecosystem.
For Afghan businesses, adopting electronic signatures goes beyond just meeting regulatory requirements. It's a strategic step toward improving workflows, boosting efficiency, and cutting costs. As the digital economy continues to grow, businesses have the opportunity to leverage e-signatures to stay competitive, simplify their operations, and contribute to Afghanistan's evolving digital future.
Zoho Sign, a powerful digital signature tool, is ideal for providing secure, paperless services. With its intuitive interface, Zoho Sign offers businesses a wide range of advantages, including:
- Speed
- Productivity
- Authentication
- Security
- Remote access
- Improved user experience
- Cost-effectiveness
Industries leveraging e-signatures
E-signatures are gaining widespread use in Afghanistan across a variety of sectors, including:
- Banking and Finance
- Legal Services
- Retail and e-commerce
- Education
- Healthcare and Pharmaceuticals
- Government Services
- HR
- Technology and IT
- Transportation and Logistics
E-signatures in Afghanistan
As Afghan businesses increasingly adopt electronic signatures for their convenience and flexibility, understanding the legal framework that governs electronic transactions and signatures is essential. In Afghanistan, this is outlined in the Law on Electronic Transactions and Signatures, 2020.
This law recognises a single type of electronic signature, defining it as "data in electronic form, attached to or logically associated with a data message, that can be used to identify the signatory in relation to that message."
Legal standing of Electronic Signature
If the law mandates a signature, this requirement can be fulfiled with an Electronic Signature, provided it is deemed reliable for creating or communicating the data message.
An Electronic Signature is considered reliable if it meets the following criteria:
- The signature creation data is uniquely linked to the signer.
- The signer maintains exclusive control over the signature creation data during the signing process.
- Any alterations made to the signature after signing can be detected.
- Any changes to the signed information are identifiable, especially when the signature is intended to protect the information's integrity.
These requirements do not limit anyone from proving the reliability of an Electronic Signature in other ways or from presenting evidence to challenge its reliability.
Article 24 of The Law on Electronic Transactions and Signatures clarifies that this law does not exclude, restrict, or invalidate the legal validity of any method of creating an Electronic Signature, provided it meets the requirements specified in Article 10 or adheres to other relevant legal standards.
Additionally, private and commercial parties are free to choose their preferred technologies and methods for signatures. However, specific rules may apply to interactions with public bodies, which may publish requirements in the Gazette for data messages, including the type of Electronic Signature required and how the Electronic Signature must be attached.
Use cases of Electronic Signatures
The principle of party autonomy, or freedom of contract, allows parties to agree on the use of electronic signatures in commercial transactions.
Consumer Transactions:
Electronic Signatures can be used in consumer transactions as long as no other laws prohibit their use. This flexibility facilitates efficient and smooth interactions, such as online shopping and service agreements.
Transactions with Public Bodies:
Electronic Signatures are permitted in transactions with public bodies; however, these transactions may require specific authentication measures, such as particular types or formats of Electronic Signatures.
Cases where Electronic Signatures are not permitted
Electronic Signatures are not permitted in certain situations, including those listed below:
- Powers of attorney
- Matters involving personal status
- Negotiable instruments
- Sales or permanent transfers of real estate
Digital Signature Certificate
A "certificate" is defined as "a data message or other record confirming the link between a signatory and signature creation data."
Certifying Authority
The Afghanistan Root Certification Authority (ARCA), established under the Ministry of Communications and Information Technology, serves as the supervisory body for licensing, certifying, monitoring, and overseeing certification service providers. A certification service provider is any person or entity that issues certificates and may offer additional services related to Electronic Signatures.
Recognition of Foreign Digital Certificates
The legal validity of a Certificate or Electronic Signature is not affected by:
- The geographic location where the Certificate is issued or the Electronic Signature is created or used.
- The geographic location of the issuer's or signatory's place of business.
Electronic Signatures created or used outside Afghanistan and certificates issued outside Afghanistan hold the same legal status as those issued within Afghanistan, provided they offer a similar level of reliability. This reliability is assessed according to recognised international standards and other relevant factors.
Parties may agree on using specific types of electronic signatures or certificates for cross-border recognition, and such agreements are valid unless they conflict with applicable laws.
These provisions do not apply to electronic communications with Afghan public bodies.
The Minister may establish regulations authorising ARCA to recognise foreign certification authorities that meet prescribed standards for any of the following purposes:
- The recommended reliance limit specified in digital certificates or secure systems offered by the certification authority
- Presumptions outlined in Article 10(3)
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 electronic 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. This adds 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.
Why Zoho Sign is crucial for Afghan businesses
Zoho Sign offers Afghan businesses a secure and efficient way to handle digital transactions, reducing reliance on paper and manual processes. Here's how:
Identification and reliability:
Zoho Sign employs strong authentication techniques, such as OTP authentication and PKI-based digital signatures using digital certificates, to ensure that the e-signature is uniquely identifiable.
Sole control over the data being signed:
Only the signatory is allowed to review the document before signing and 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:
Audit trails provide a comprehensive record of every action taken on a document, ensuring full transparency and accountability throughout the signing process. This detailed log enhances security and serves as legal evidence in case of disputes, making it a vital tool for businesses to maintain compliance and trust in their digital transactions.
Key takeaway
E-signatures are essential for Afghan businesses looking to move beyond the constraints of traditional paper-based processes and embrace a more efficient, digital way of working. With Zoho Sign, you can simplify your document workflows, foster smooth collaboration across locations, and reduce operational costs. Zoho Sign isn't just a solution for signing documents—it's your pathway to modernising business practices and seamlessly integrating digital transaction processes within Afghanistan's evolving legal landscape.
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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.