Namibia Set to Recognize Electronic Signatures Under New Law. Namibia is moving closer to adopting electronic signatures as a legal standard through the Electronic Transactions Act of 2019, which is yet to be fully enacted. Regulations for electronic signatures were officially gazetted in December, and consultations on the matter are scheduled for later this month.
According to the Communications Regulatory Authority of Namibia (CRAN), this marks the country’s first comprehensive legal framework specifically addressing electronic signatures. “Before this act, Namibia had no specific laws governing the use and recognition of electronic signatures,” CRAN spokesperson Mufaro Nesongano stated.
He explained that the act ensures electronic signatures are reliable and capable of identifying the individual signing, while also providing guidelines for their use in contracts and legal documents. This move is expected to boost e-commerce and digital services in Namibia.
The legislation aligns Namibia with international standards, confirming that electronic signatures are as valid and enforceable as traditional handwritten signatures. However, electronic signatures will only be officially recognized once the act is fully enforced.
Etienne Maritz, executive director of the Ministry of Home Affairs, Immigration, Safety, and Security, clarified that electronic signatures are not yet recognized. He noted, however, that the ministry is working on digitalizing its services, offering online access for passport applications, holiday visas, temporary employment permits, and soon, a visa-on-arrival service. The ministry is also developing an online platform for duplicate identity document applications.
The act defines an electronic signature as any data—such as a sound, symbol, or process—used to identify a person and indicate their approval or intent regarding a data message. This data must be attached to or associated with the message.
Under the new regulations, electronic signatures will hold legal validity regardless of the signer’s location. The law ensures that signatures created outside Namibia are considered equally valid, provided they meet reliability standards.
The regulations also cover digitized and biometric signatures. A digitized signature refers to a digital reproduction of a handwritten signature, such as a faxed or scanned version, or one captured on a tablet. Biometric signatures use unique physical characteristics like fingerprints, retina scans, voice recognition, or facial recognition for authentication.
One-time password (OTP) tokens are also included, defined as security devices or software generating single-use passwords at specific time intervals. The act further emphasizes the responsibility of signers to protect their electronic signatures from unauthorized access and misuse.