E-signatures in Libya:
Key legal insights

Streamlining e-signing for businesses with Zoho Sign

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E-signatures: The smarter choice for signing

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 to reduce paperwork and streamline 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.

E-signatures: Empowering Libyan businesses for growth

In a country where traditional paperwork and manual processes have long been the norm, e-signatures offer a modern, transformative solution. This is particularly valuable in Libya, where logistical challenges and geographic distances can often slow down transactions. With e-signatures, businesses can securely sign contracts, agreements, and other documents from anywhere, at any time, ensuring seamless operations even in remote areas.

The benefits of e-signatures include:

  • Speed
  • Efficiency
  • Enhanced authentication
  • Robust security
  • Remote accessibility
  • User experience
  • Cost-effectiveness

The growing use of e-signatures in Libya

E-signatures are becoming increasingly popular across various sectors, providing secure and efficient solutions for contemporary business needs, including:

Electronic signature under the law

The Law No. 6 of 2022 Concerning Electronic Transactions (eTL), governs the recognition and regulation of electronic signatures in Libya.

Under the eTL, only one formof electronic signature is recognised: the Electronic Signature.

Electronic Signature is a statement consisting of letters, numbers, symbols, or signs, or any processing system in an electronic form authenticated by an accredited entity and sealed with an authentication structure. The transactions or correspondence of its owner attach or logically link to his electronic message.

Legal recognition of electronic signatures under the law

An Electronic Signature is considered valid if it meets the following conditions:

  • It is unique to the person who created it.
  • It clearly identifies the person who owns the signature.
  • The person who owns the signature has full control over the information and method used to create it.
  • No changes have been made to the electronic transaction after the signature was applied.

If any of these conditions are not fulfilled, the signature will be considered invalid.

Once an Electronic Signature is applied, it is legally valid regardless of the geographic location where it was created or used, or the geographic location of the place of business of the site creator.

Common use cases for electronic signatures

Government agencies can use electronic signatures to manage and process documents, permits, payments, tenders, and various administrative tasks in a more efficient and secure manner.

Situations where electronic signatures are not applicable

Electronic Signatures cannot be used in the following cases:

  • Creating or altering wills
  • Establishing or modifying endowments
  • Transactions involving real estate rights or leases with durations exceeding three years
  • Issues concerning personal status
  • Notices regarding the annulment or termination of certain contracts as outlined by executive regulations
  • Litigation proceedings
  • Any document that requires notarisation

Digital signature certificate

An Electronic Authentication Certificate is provided by an authentication service provider to verify the identity of the individual utilising the electronic signing tool.

Certifying authority

A Certification Service Provider is an organization authorized by the appropriate authority to issue electronic authentication certificates, offer associated services, and provide electronic signature tools.

Any individual or company intending to operate as a Certification Service Provider must obtain the necessary licenses from the regulatory authority before beginning their operations.

Recognition of foreign digital certificates

Digital certificates from an international authentication service provider are regarded as equivalent to those issued by a Libyan provider, as long as they are recognised through a mutual recognition agreement set by the relevant authority.

As of now, Libya has not entered into any mutual recognition agreements with foreign countries for acknowledging foreign electronic authentication certificates.

Zoho Sign: Redefining business efficiency in Libya with secure e-signatures

Zoho Sign, a robust digital signature solution, helps Libyan businesses simplify digital transactions by reducing paper use and manual work. Take a look at how it improves security, increases efficiency, and supports business growth.

  • 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.

  • Control over the data being signed:

    The signatory is allowed to review the document before signing and may 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.

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, 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.

GlobalSign for businesses in LibyaSeiko for businesses in Libya

Key takeaway

As Libya continues its path to economic recovery, e-signatures present a cost-effective solution to minimise administrative burdens, lower operational costs, and boost productivity. They also provide a secure, reliable way to conduct business, ensuring compliance and building confidence in digital transactions. By integrating Zoho Sign into their workflows, Libyan businesses can modernise their operations and position themselves as competitive players in the regional and global markets.

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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.