Electronic signatures facilitate faster and more secure document signing for the public and private sector, with the flexibility to choose the option that is most efficient for each organization, department, or project. With the passage of the Electronic Signature Proclamation No. 1072/2018, electronic signatures became legal in Ethiopia.
Digital Signature uses a certificate-based digital ID to authenticate a signer’s identity. Certificates used in digital signatures are usually issued by a certificate authority (CA) and demonstrate proof of signing by binding the digital certificate associated with each signature to the document using encryption.
The proclamation gave legal recognition of electronic messages. It provides that no electronic message shall be denied legal effect, validity, or admissibility in any legal proceeding, solely on the ground that it is in electronic form.
The electronic signature proclamation recognizes the legality of electronic signatures in Ethiopia. The Proclamation stipulates thatno electronic signature shall be denied legal effect, validity or admissibility as evidence in any legal proceeding, solely on the ground that it is in electronic form. Where any law or customary practice requires a signature of a person or provides consequences for the absence of a signature, that requirement is deemed to be satisfied where, reliable electronic signature is used in the light of all the circumstances: a) that is appropriate for the purpose for which the data message was generated or communicated; b) an agreement entered between parties regarding electronic signature; or c) considering other conditions such as the nature, extent, and type of the transaction, capability of identifying contracting parties, and the essence of the electronic message.
Furthermore, the Proclamation provides that in any civil proceedings involving electronic message signed with a reliable electronic signature, it shall be presumed, unless the contrary is proved, that: 1/ the electronic signature is the signature of the subscriber; 2/ the electronic signature was affixed by that person with the intention of approving the electronic message; and 3/ the electronic message and the signature has not been altered since the specific point in time to which the electronic signature was affixed.
The Proclamation states that a digital signature supported by valid certificate deemed to be reliable electronic signature. Such digital signatures shall enjoy shall enjoy the legal presumption stipulated for reliable electronic signature mentioned above.