eSignature Legality
in Pakistan
Pakistan legalized the use of electronic signatures in the year 2002. The hectic stamping and paper based procedures were waived by the Electronic Transaction Ordinance, 2002.
Governing Regulation:
The Electronic Transaction Ordinance is an act that gives the same legal recognition to all the documents, records, information, communication and transaction- signed electronically as ones executed with a traditional wet ink signature.
The Act further extends the protection under law for electronically executed documents by giving it same legal recognition, enforceability, admissibility, validity as traditional documents.
The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.
Key Elements of a Valid Electronic Signature:
Simple Electronic Signatures: The following are the key elements of a valid eSignature per the law in Pakistan:
- An eSignature must be identifiable and linked to the signatory,
- An eSignature must be under the control of only the signatory in terms of signature creation data,
- Any modifications made to the electronic document after affixing eSignature must be detectable, and
- An eSignature must contain data and sufficient implication that the signatory has consented to the electronic transaction.
Electronic Signatures backed with Certificate: An advanced eSignature must comply with the requirements of a simple eSignature in addition to being accredited by the Certification Council to be valid and enforceable as per the laws of Pakistan.
Documents that cannot be e-signed in Pakistan:
- A negotiable instrument
- A power of attorney
- A trust
- A will or any form of testamentary disposition
- A contract for sale or conveyance of immovable property pt any interest in such propoerty
DISCLAIMER
Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
