eSignature Legality in Cameroon

E-Signature Legality Summary

This guide explains the electronic-signature framework in Cameroon, including the governing laws, legal effect, accepted signature methods, validity requirements, exclusions and practical business uses.

Applicable Laws

Law on Electronic Communication

Legal Status

Electronic records and signatures receive legal recognition in Cameroon under Law on Electronic Communication. The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

The competent regulator is the National Agency for Information and Communication Technologies (ANTIC).

Legal Recognition (Effect)

The legal effect of an electronic signature is assessed under Law on Electronic Communication. The assessment covers signer intent, reliable attribution, integrity of the signed record and compliance with every prescribed form for the document or transaction.

Accepted Types of Electronic Signatures

Electronic signature

Advanced electronic signature (requires a qualified certificate; there is currently no recognition mechanism for overseas CAs; similar to QES)

Electronic signature: a signature obtained through an asymmetric encryption algorithm, used to verify the identity and authenticity of the sender of a message (Article 1 of the Law on Cyber Security and Cyber Criminality)

Any person wishing to attach an electronic signature to a document may create the signature using a reliable device whose technical characteristics are determined by the minister in charge of telecommunications. (Article 21 of the Law on Cyber Security and Cyber Criminality)

Advanced electronic signature: an electronic signature to which a qualified electronic certificate applies. (Articles 1 and 18 of the Law on Cyber Security and Cyber Criminality)

Requirements:

• 1. the data relating to the creation of the signature shall be exclusive to the signer and under the signer's sole control;
• 2. each modification shall be easily detectable;
• 3. it shall be created using a protected device whose technical characteristics are defined by a document of the minister in charge of telecommunications;
• 4. the certificate used to generate the signature shall be a qualified certificate. (Article 18 of the Law on Cyber Security and Cyber Criminality)

An Electronic Signature (SES) is a signature generated through an asymmetric encryption algorithm to verify the identity and authenticity of the sender, pursuant to Article 1 of the Cybersecurity and Cybercrime Law. A person may create an Electronic Signature (SES) using a reliable device whose technical characteristics are determined by the minister responsible for telecommunications, pursuant to Article 21 of that Law. An Advanced Electronic Signature (AES) is an Electronic Signature (SES) supported by a qualified electronic certificate. Its creation data must be unique to and under the exclusive control of the signatory; every modification must be readily detectable; it must be created using a protected device meeting the technical characteristics prescribed by the minister; and its certificate must be qualified. These requirements are set out in Articles 1 and 18 of the Cybersecurity and Cybercrime Law.

Legal Requirements for Electronic Signatures

Requirements:

A legally effective signing process should preserve evidence of:

• the signer's intention to sign and the parties' consent to use an electronic process;
• reliable identification and attribution of the signature to the signer;
• integrity of the signed record and detection of later changes;
• delivery of, access to and reproduction of the final signed record;
• timestamps, authentication events and a complete audit trail; and
• every certificate, witness, notarization, registration, filing or retention requirement that governs the transaction.

Limitations and Exceptions

Article 10 of the Law on Electronic Commerce.

Written-contract form applies to electronic contracts regarding the expression of wills, legal effect, validity and performance, except for the following types of contracts:

contracts creating or transferring rights over real estate, other than leasehold rights;

contracts for which the law requires the intervention of courts, public authorities or professionals exercising public authority;

suretyship contracts and guarantees provided by agents for purposes not forming part of their professional or commercial activity;

contracts related to family law or succession law.

Industry Applications and Typical Use Cases

Supported in many scenarios

Cameroon's government certification authority cooperates with the Korean KICA information certificate certification authority

Individuals, enterprises and public institutions, as well as registration authority operators (RA), use electronic certification services