eSignature Legality Guide
eSignature Legality in Cameroon
Electronic signatures have been legally recognized in Cameroon since 2010, beginning with the adoption of the OHADA Uniform Act on General Commercial Law, and later reinforced by the Laws on Cyber Security and Cyber Criminality as well as the Law on Electronic Communication.
E-Signature Legality Summary
According to Cameroonian law, a handwritten signature is not always necessary for a contract to be valid. Contracts are generally enforceable if the parties are legally competent and reach an agreement, whether that agreement is made verbally, electronically, or in writing (Cameroon Civil Code; OHADA Uniform Act on General Commercial Law). The Laws on Electronic Commerce and Cyber Security and Cyber Criminality specifically state that contracts cannot be considered unenforceable simply because they are concluded electronically. In some cases, parties may need to provide evidence in court to prove a valid contract. Leading digital transaction management platforms can generate electronic records that are admissible as evidence under Section 17 of the Law on Cyber Security and Cyber Criminality, supporting the existence, authenticity, and acceptance of a contract.
Use Cases for Standard Electronic Signature (SES)
Standard Electronic Signatures (SES) are generally suitable for the following situations:
- Human resources documents, such as employment contracts, benefits forms, and other onboarding paperwork for new employees
- Commercial agreements between companies, including NDAs, procurement contracts, and sales agreements
- Certain consumer contracts, such as documents for opening new retail accounts
- Some real estate documents, including lease agreements and related paperwork for residential and commercial properties
Use Cases for Other Types of Electronic Signature (e.g. Digital Signature, AES
There are situations where a type of electronic signature other than SES may be required, such as:
- Certain real estate documents, including lease agreements and related paperwork for residential and commercial properties
- Company Registration Certificates issued to applicants who submit their registration electronically.
- Electronic acknowledgements of receipt from the Company Registrar for all applications submitted electronically, such as:
- applications for registering securities,
- applications for renewal of registrations,
- applications for modifications (rectifications) of information in the Company Register, information related to company liquidation, etc.
- Documents exchanged between the Company Registry of each court, the Centralized National Company Registry, and the Centralized Regional Company Registry must include a QES from the issuing authority.
Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Certain transactions are specifically excluded from digital or electronic processes, or require explicit procedures such as handwritten (wet ink) signatures or formal notarial acts, which are generally not compatible with electronic signatures or digital transaction management.
- Contracts that create or transfer real property rights, except for lease agreements
- Contracts that legally require the involvement of courts, public authorities, or professions exercising public authority
- Contracts or private deeds related to family and inheritance law
- Private deeds concerning securities (personal or real securities)
[1] An AES, or “advanced electronic signature,” is a type of electronic signature that must: (a) be uniquely linked to the signer; (b) be capable of identifying the signer; (c) be created using means under the sole control of the signer; and (d) be connected to the signed data so that any changes can be detected.
[2] A QES is a specific form of digital signature that meets government requirements, including the use of a secure signature creation device, and is certified as ‘qualified’ by the government or an authorized entity.
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: November 1, 2019