Electronic signature

I signed a contract electronically using a digital platform while working with a company abroad. Later, someone told me that electronic signatures are not legally binding in Tanzania. This worries me because I want to use electronic signatures for business deals. Are electronic signatures recognised under Tanzanian law?” Enlighten me, please.

TK, Arusha

This is a very relevant question in today’s digital economy. In Tanzania, electronic signatures are legally recognised under the Electronic Transactions Act, Cap. 442 [R.E. 2023]. The law states that whenever a law requires a person’s signature, that requirement can be satisfied by a secure electronic signature. For an electronic signature to be valid, the method used must identify the person and demonstrate their intention regarding the information communicated, and it must be reliable and appropriate for the purpose at the time it was used. The law also allows parties to a contract to agree on any suitable method of electronic signature, unless another law specifies otherwise.

A secure electronic signature is defined as one that is unique for its purpose, capable of identifying the signer, created and affixed by the signer, under the signer’s control, and linked to the electronic communication in such a way that any alteration of the communication would be detectable. Finally, a secure electronic signature is properly applied if it is used by the holder of that signature and affixed with the intent to sign. Courts have upheld electronic contracts provided they meet these criteria.

Nonetheless, it is important to note that certain documents, such as wills, land transfers, and Court pleadings, may still require handwritten signatures under Tanzanian law. But for most commercial contracts, electronic signatures are valid and enforceable. So, rest assured, your electronic contract is legally binding in Tanzania, provided it meets the requirements of authenticity and integrity under the law.