Is the electronic signature legal in Singapore? What legal regulation is the electronic signature mainly subject to?

Electronic signatures are legally recognized in Singapore and are regulated by the Electronic Transactions Act (Chapter 88) ("ETA"), as amended in 2010 and the 2010 Electronic Transactions (Certification Authorities) Regulations.

What is an electronic signature in Singapore?

An electronic signature is "a record of a person's intention or consent" and may include:

• Paste a digitized image of the manuscript signature;
• Use a stylus or finger signature on the touch screen;
• Check the check box or click "I accept" on the online form;
• Select the option in the electronic signature software.

What types of electronic signatures are recognized by Singapore? What are the requirements for each type?

Singapore recognizes "electronic signatures"、"secure electronic signatures" and "digital signatures".

1.Electronic signature

For the electronic signature to be valid, it must meet the following conditions:

• There must be a reliable guarantee of the integrity of the information in the electronic record from the time it is first produced in its final form;
• If an electronic record is to be made available to a person, the electronic record must be capable of being presented to that person; and
• It must comply with any other requirements related to electronic records designated by the public body supervising the provision or retention of such records.

2.secure electronic signatures

To make the secure electronic signature valid, it must be able to verify that in progress it is:

• Only for the people who use it;
• Be able to identify such persons;
• Create in a manner under full user control or in use; and
• Link to the electronic record associated with it, and the electronic signature becomes invalid if the record is changed.

The above conditions for secure electronic signatures can be met by applying specified security procedures (in accordance with the 2010 Electronic Transactions (Certificate Authorities) Regulations and the provisions of Schedule 3 to ETA) or commercially reasonable security procedures agreed by the parties.

Both electronic and secure electronic signatures are enforced and acceptable according to the ETA. But note that only a secure electronic signature has the same legal effect and the same presumption as a handwritten signature. If the electronic signature is not a secure electronic signature, then this presumption will not apply.

3.Digital signatures

In addition to the requirements of an effective and secure electronic signature, the digital signature must also meet the following conditions:

• It must be created during the running of a valid certificate and can be verified by referring to the public key listed in the certificate;
• The certificate is considered a trusted certificate because:
  • It is issued by accredited certification bodies operating in compliance with regulations; or
  • It is issued by a recognized certified authority; or
  • The certificate is issued by a public body approved by the Minister and which acts as an accrediting body according to conditions that may be prescribed by statute or designated by it; or
• ·The parties (sender and recipient) have explicitly agreed to use the digital signature as a security procedure and the digital signature has been properly verified by the reference to the public key.

In which scenarios can which type of electronic signature be used in Singapore?

The following scenarios in Singapore usually do not make any requirements for the use of electronic signatures:

• Commercial agreements between corporate entities
• Secrecy agreement
• Corporate resolution (if not prohibited by the Constitution)
• Minutes of the board meeting
• Singapore Government Documents
• Procurement documents
• Sales agreement
• Contract of employment

What scenarios cannot be used for electronic or digital signatures in Singapore?

• Establishment and execution of the will；
• A negotiable instrument, documents of title, drafts, promissory note, waybill, bill of lading, warehouse receipt, or any negotiable document or note which entitles the holder or beneficiary to claim the delivery of the goods or the payment of a sum；
• Establishment, performance or execution of deed, declaration of trust or power of attorney except implied, constructive and resulting trust；
• Any contract for the sale or other disposition of any interest in real property or such property; and
• Transfer of real property or the assignment of any interest in real property.