E-signatures: How they work
Electronic signatures are digital versions of your signature that indicate your agreement to the contents of an online contract. They provide a hassle-free way to sign documents remotely, eliminating the need for physical paperwork and enabling faster and more streamlined transactions.
They are legally binding for a variety of purposes and can either 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, as it empowers individuals and businesses to sign documents online in a legal, secure, and efficient way.
How e-signatures fuel Mauritius on its road to a digital economy
In recent years, Mauritius has seen a significant rise in attracting foreign investment. This has created a need for a trustworthy business environment where clients can share and sign documents with confidence. Electronic signatures emerged as a key solution, facilitating cross-border transactions and cultivating international partnerships. They have empowered businesses to operate more effectively and positioned Mauritius as a key player in the global market.
Zoho Sign, a digital signature solution, offers streamlined efficiency and ticks all the critical boxes, such as:
- Speedier signing processes
- Improved productivity
- Signer authentication
- Security
- Remote access
- Improved user experience
- Cost-effectiveness
Key areas of use
Law of e-signatures in Mauritius
The legal framework governing e-signatures in Mauritius is designed to ensure security, validity, and enforceability. Let's dive into the key aspects of Mauritian e-signature laws and the requirements necessary for e-signatures to be deemed legally binding.
Applicable laws and regulations about the use of electronic signatures in Mauritius
- Electronic Transactions Act of 2000
- Electronic Transactions (Certification Authorities) Regulations 2010
Types of e-signatures recognised
- Electronic Signature
- Secure Electronic Signature
- Digital Signature
Electronic Signatures
When a law mandates a signature or imposes consequences for its absence, this requirement can be fulfilled with an Electronic Signature. The Electronic Signature has legal effect, validity, and is enforceable under the law.
Instances where e-signatures cannot be used
An electronic signature, as defined and recognised under the law, can be utilised in any transaction—including automated transactions—related to both commercial or public sector activities, except creating or executing a will.
Secure Electronic Signatures
This is an electronic signature, established through a security procedure either prescribed by law or agreed upon by the parties, that is:
- Unique to the signer
- Capable of identifying the signer
- Under the sole control of the signer
- Capable of identifying any changes in the electronic data after the signature being affixed, rendering the signature invalid if alterations are detected
Where such a security procedure is applied to electronic data, the electronic data is construed as secured electronic data.
Presumptions arising out of the use of Secure Electronic Signatures
In the absence of contrary evidence, the use of a Secure Electronic Signature gives rise to presumptions that:
- The electronic data to which Secure Electronic Signature is affixed has not been altered since the signature was affixed.
- The Secure Electronic Signature is associated with the person to whom it corresponds.
- The signature was affixed with the purpose of signing or validating the electronic data.
Secure Digital Signatures
A Digital Signature is considered a Secure Digital Signature if it meets the following criteria.
1. The Digital Signature was created using a valid and operational digital certificate and can be verified using the public key contained in the digital certificate.
2. The digital certificate is trustworthy and:
- Issued by a certification authority authorised by the Controller of Certification Authorities in Mauritius;
- Issued by a recognised certification authority outside Mauritius;
- Issued by a public sector entity recognised by a responsible Minister, subject to conditions imposed by the Minister; or
- The parties involved in the electronic transaction have expressly agreed to utilise Digital Signature as their security procedure.
Presumptions arising out of the use of digital certificates that meet the conditions mentioned above
In the absence of contrary evidence, it is presumed that any information, other than the information which is identified as subscriber information set out in the digital certificate issued by an authorised certification authority and accepted by a subscriber, is correct.
Implementation of electronic signatures in the public sector
When the public sector opts to conduct any of its operations electronically, including the use of electronic signatures, it has the authority to stipulate additional requirements. These may pertain to the specific type of electronic signature used, the method and format for attaching the electronic signature, and the criteria required from the certification authority that issues and validates the certificate used in the signature.
Recognition of foreign certification authority
The Controller of Certification Authorities can recognise a foreign certification authority in Mauritius, provided it meets the following conditions:
- The foreign certification authority must be licensed by a relevant authority in its home country. However, if there isn't a relevant authority in its home country that can license such an authority, this requirement can be overlooked.
- Certificates issued by a foreign certification authority must meet or exceed the security standards of those issued by a local certification authority authorised in Mauritius.
- Must have a local agent in Mauritius who can be served with legal process.
- Must comply with the standards and requirements set out in this law.
- Must fulfil the financial, operational, and auditing requirements specified under Schedule III of the 2010 Regulations.
- Must meet any other requirements specified by the Controller of Certification Authorities.
Why Zoho Sign is the go-to E-Signature tool for Mauritian businesses
Zoho Sign offers a comprehensive suite of features designed to streamline and secure your document signing process, including:
Signer authentication:
Zoho Sign offers multiple methods—including email authentication, SMS authentication, dynamic knowledge-based authentication, and identity verification via third-party trust service providers—for reliable identification of the signatory.
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.
Audit trails:
Detailed audit trails that record all actions taken during the signing process, including who signed the document, when it was signed, and any changes made to the document, are maintained. This helps track and verify the integrity of the signing process and provides a trail of evidence in case of disputes.
Secure and reliable connection:
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.
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.
Key takeaway
With the advent of Digital Mauritius 2030, the Mauritian government is resolved to take a progressive step towards the digitisation of the economy. E-signatures can play a pivotal role in this transformation by streamlining administrative processes, reducing paperwork, and enhancing the efficiency of transactions. Zoho Sign emerges as a trusted partner for businesses in Mauritius, providing a seamless and secure platform for e-signatures. Try Zoho Sign and unlock new potentials for your business.
Resources
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.