Electronic Signatures In Jamaica

In Jamaica, electronic signatures/e-signatures are regulated by THE ELECTRONIC TRANSACTIONS ACT of 2006. The law promotes confidence in the validity of electronic transactions in particular the use of electronic signatures. Wet-ink signatures are not legally required for a contract to be seem as valid.

What are considered electronic signatures

According to THE ELECTRONIC TRANSACTIONS ACT of 2006 an e-signature means information that:

• is contained in, attached to or logically associated with, an electronic document; and
• is used by a signatory to indicate his adoption of the content of that document, but does not include any signature produced by a facsimile machine or by an electronic scanning device.

Admissibility of Electronic Signatures

The act allows for legal recognition of e-signatures as long as:

• uniquely linked to the person whose signature is required
• capable of identifying that person;
• created by using means that such person can maintain under his sole control; and
• linked to the information to which it relates in such a manner that any subsequent alteration of the information is revealed.

Limitations

There are certain documents that the law prohibits from being signed electronically. Such documents include:

• The making, execution, alteration or revocation of a Will or other testamentary instrument.
• The conveyance or transfer of real property or any interest in real property.
• The creation, variation, performance or enforcement of any- (a) trust; or (b) power of attorney.
• Any procedure governed by the Civil Procedures Rules, 2002, or by rules of court made pursuant to any law.