The Legality of eSignatures in Cameroon

Explore the legality of electronic signatures in Cameroon and the laws and regulations that govern their use.

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eSignature Legality Cameroon

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Are eSignatures Legally Binding in Cameroon?

Electronic signatures are legal in Cameroon and have been since 2010 with the introduction of the OHADA Uniform Act on General Commercial Law and additional laws surrounding Cyber Security and Cyber Criminality, as well as the Law on Electronic Communication. In Cameroon, 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 Cameroon include:

  • HR documents, including employment contract and benefits paperwork
  • Consumer agreements
  • Commercial agreements between corporate entities such as NDAs, sales agreements, and procurement documents 
  • Certain types of real estate documents, e.g., lease agreements and other documents related to residential and commercial real estate
  • Company Registration Certificate – AES (advanced electronic signature)
  • Electronic acknowledgement of receipt by the Company Registrar

 

Documents that may not be electronically signed

Cameroon 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:

  • Contracts or private deeds relating to family and succession
  • Private deeds relating to securities
  • Contracts that create or transfer real property rights
  • Contracts that legally require the intervention of courts or public authorities

 

Types of e-signature permitted in Cameroon

  • AES (advanced electronic signature) – an AES meets the following requirements; it is uniquely linked to the signature and can identify the signer, it is created with means that stay under the signer’s control, and it is linked to the electronic record in a way that any changes made after signing can be identified.
  • QES (qualified electronic signature) – a QES has met specific government specifications, including using a secure signature creation device, and has been certified as ‘qualified’ either by the government or an authorised third party.

 

Notable legality changes since 2020

None.

 

Publicly Accessible Links to Laws/Regulations Discussed

 

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

 

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