Are eSignatures Legally Binding in Brunei?

Electronic signatures are legal in Brunei and are recognised by the Electronic Transactions Act (ETA). The ETA confirms that a contract cannot be denied legal enforceability simply because the document is electronic. In Brunei, a written signature is not needed for a contract to be valid, as long as legally competent parties reach an agreement. The agreement could be verbal, in a physical paper document, or electronic. To prove contract validity, parties may have to present evidence in court, but a leading digital document solution can provide electronic signatures and documents that are admissible in court.

Documents that can be signed electronically

Documents that are permitted to use e-signatures in Brunei include:

HR documents, including employment contract and benefits paperwork
Consumer agreements
Commercial agreements between corporate entities such as NDAs, sales agreements, and procurement documents

Documents that may not be electronically signed

Brunei has certain use cases that are not allowed to use electronic signatures or a formal notarial process that is not typically compatible with digital documents. These include:

The creation or execution of a will
Declarations of trust
Powers of attorney
Contracts for the sale or other disposition of immovable property
Documents of title relating to immovable property
Conveyance of immovable property or the transfer of any interest in the property

Types of e-signature permitted in Brunei

Secure electronic signature – a secure e-signature uses a security procedure agreed upon by the parties involved to verify that the signature is unique to the person using it, is capable of identifying the signer, ensures that the signature and data remain under the sole control of the signer, and linked to the electronic record in a way that if the record was changed, it would be detectable and invalidated.
Secure digital signature – digital signatures are created during the operational period of a valid certificate, using a public key. The certificate is trustworthy, accurately binding the public key to the individual’s identity.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Electronic Transactions Act

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in Brunei

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