In Tilman Friedrich’s Industry Forum column of our newsletter 1 of 2020, we provided a summary of the Electronic Transactions Act (ETA). Government Gazette 8814 of 19 December 2025, published the regulations issued under the ETA. These regulations will come into operation on the commencement of section 20 of the ETA.
Electronic Signatures in Namibia – What Trustees and Executives Need to Know
Electronic signatures are legally valid in Namibia, but the legal risk rests with the signatories and those who rely on them. Trustees, principal officers, administrators, employers, and service providers must understand when an electronic signature is good enough—and when it is not.
1. Are electronic signatures legal in Namibia?
The Electronic Transactions Act, 2019 and the 2025 Electronic Signature Regulations confirm that electronic signatures are legally valid, provided certain conditions are met. Note that section 20 of the ETA, which addresses electronic signatures, is not yet in effect.
2. Not all electronic signatures are equal
1) Basic electronic signatures (lowest assurance)
Examples:
Electronic Signatures in Namibia – What Trustees and Executives Need to Know
Electronic signatures are legally valid in Namibia, but the legal risk rests with the signatories and those who rely on them. Trustees, principal officers, administrators, employers, and service providers must understand when an electronic signature is good enough—and when it is not.
1. Are electronic signatures legal in Namibia?
The Electronic Transactions Act, 2019 and the 2025 Electronic Signature Regulations confirm that electronic signatures are legally valid, provided certain conditions are met. Note that section 20 of the ETA, which addresses electronic signatures, is not yet in effect.
2. Not all electronic signatures are equal
1) Basic electronic signatures (lowest assurance)
Examples:
- typed names
- scanned or photographed signatures
- clicking “I accept”
- OTPs or simple biometrics
Use for:
Low-risk, routine, internal, or administrative matters.
Risk:
Easier to dispute. Requires supporting evidence if challenged.
2) Advanced electronic signatures (strong assurance)
Uses multi-factor identity verification (password + phone/OTP + biometric, etc.).
Use for:
Contracts, employment matters, pension fund documentation, and regulatory submissions where no specific signature type is prescribed.
Legal position:
Presumed valid and reliable unless proven otherwise.
3) Recognised electronic signatures (highest assurance)
Advanced electronic signatures are supported by a digital certificate issued by an accredited certification service provider.
Use for:
High-value, high-risk, or dispute-prone matters, where the law specifically requires a “recognised electronic signature”.
3. Key legal responsibilities
The signer must:
Low-risk, routine, internal, or administrative matters.
Risk:
Easier to dispute. Requires supporting evidence if challenged.
2) Advanced electronic signatures (strong assurance)
Uses multi-factor identity verification (password + phone/OTP + biometric, etc.).
Use for:
Contracts, employment matters, pension fund documentation, and regulatory submissions where no specific signature type is prescribed.
Legal position:
Presumed valid and reliable unless proven otherwise.
3) Recognised electronic signatures (highest assurance)
Advanced electronic signatures are supported by a digital certificate issued by an accredited certification service provider.
Use for:
High-value, high-risk, or dispute-prone matters, where the law specifically requires a “recognised electronic signature”.
3. Key legal responsibilities
The signer must:
- protect passwords, PINs, OTPs, devices, and biometric access;
- sign only final documents;
- notify immediately if credentials are compromised;
- accept liability if careless.
The relying party (trustee, employer, administrator) must:
- verify the signature and the signer’s authority;
- check certificates for validity, suspension, or revocation;
- ensure the signature strength matches the risk.
Failure to verify = liability rests on the relying party.
4. Cross-border documents
Foreign electronic signatures and digital certificates are valid if they offer equivalent reliability. Parties may also agree contractually to accept certain foreign signatures.
5. Practical trustee rule
If a decision could materially affect members’ benefits, expose the fund to litigation, or attract regulatory scrutiny, do not rely on a basic electronic signature.
B. Practical decision tree
Which electronic signature should we use?
Step 1: Is a signature legally required?
No → An electronic record or other evidence of intent may suffice.
Yes → Go to Step 2.
Step 2: Does the law specify a “recognised electronic signature”?
Yes → Use a recognised electronic signature only.
No → Go to Step 3.
Step 3: Assess the risk of the document
Low risk
- Internal approvals
- Routine correspondence
- Low financial or legal exposure
→ Basic electronic signature acceptable
Medium risk
Medium risk
- Employment contracts
- Pension fund administration documents
- Commercial agreements
→ Advanced electronic signature recommended
High risk
High risk
- Benefit allocations
- Trustee resolutions with financial impact
- Amendments to fund rules
- Settlement agreements
- Regulatory-facing documents
→ Recognised electronic signature strongly recommended
Step 4: Before accepting a signed document, always check
Step 4: Before accepting a signed document, always check
- Can the signature be verified?
- Is the signer identified and authorised?
- Has the document been altered after signing?
- Is the certificate (if used) valid and not revoked?
If any answer is “no”, → do not rely on the document.
Operational rule
Match the strength of the electronic signature to the legal and financial risk of the decision—convenience never outweighs governance.
Operational rule
Match the strength of the electronic signature to the legal and financial risk of the decision—convenience never outweighs governance.