Government moves to digitise transactions with long-awaited e-signature policy

The Government today unveiled the long-awaited electronic transactions policy (ETP), which mandates that electronic or e-signatures and records are legally acceptable and binding.

The policy will serve as a road map for full implementation of the Electronic Transaction Act, which was passed by Parliament in 2007, but has largely been dormant because of the absence of policy guidelines.

“Today, we are providing that policy guidance and directive. The full implementation of the Act starts today,” Ambassador Audrey Marks, minister with responsibility for efficiency, innovation and digital transformation, told journalists today during a post-Cabinet press conference at Jamaica House.

The law gives legal recognition to e-signatures and electronic documents by affirming that they are legally equivalent to paper records and can be recognised and relied on in the conduct of official business, providing that they meet certain reliability criteria.

Among the primary objectives of the policy, Marks said, is the creation of a standardised, risk-based framework for the use of electronic signatures; promoting authentication, integrity, accountability and auditability of electronic transactions and reducing reliance on paper-based processes.

Marks acknowledged that some Government ministries, departments and agencies (MDAs) have already started using electronic solutions like DocuSign and Adobe sign to effect transactions, but said: “many others continue to rely heavily on wet ink signatures and manual processes”.

“This was because there was no unified Government-wide policy to guide practices across MDAs,” she said.

Under the policy, authenticated e-signatures are categorised as low risk; digital signatures with multi-factor authentication are categorised as moderate risk; and certificate-based e-signatures are categorised as high risk.

Seeking to assure the public, Marks said MDAs will be required to classify transactions as low, moderate, or high risk to determine the required assurance level, and that each entity must assign an officer to oversee full implementation and compliance.

In addition, she said MDAs must accept e-signatures from suppliers, contractors, and citizens “once the method used is not prohibited by law”.

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