Brunei

Under Bruneian law, a written signature is not required for a valid agreement or contract. Contracts are generally considered valid if legally competent parties reach an agreement, whether they agree verbally, electronically, or using a physical document. The ETA specifically confirms that contracts cannot be denied enforceability just because they are created electronically. 

Use cases where electronic signatures are considered appropriate in Brunei include: 

• HR documents such as employment contracts, benefit paperwork, and other new employee onboarding documents 
• Commercial agreements between corporate entities including procurement documents, sales agreements, and NDAs 
• Consumer agreements  

Certain use cases are specifically barred from electronic processes or require the presence of a witness in Brunei, making them incompatible with electronic signature. These include: 

• The creation of any legal instrument or document under any written law relating to Islamic law  
• The creation or execution of a will under any written law relating to wills 
• Negotiable instruments 
• Indenture 
• Declaration of trust 
• Power of attorney 
• Any contract for the sale or other disposition of immovable property, or any interest in such property 
• The conveyance of immovable property or the transfer of any interest in such property 
• Documents of title relating to immovable property 

The requirements for electronic signature technology vary significantly between countries. Brunei follows a tiered eSignature model, which recognizes the concept of a “Secure Electronic Signature” that uses digital signature technology enabled by a government-certified provider. A Secure Electronic Signature is presumed to be authentic and holds the same legal weight as a handwritten signature, but is not required by law for any type of transaction. A simple electronic signature is sufficient for most use cases but may require extra evidence to support it if a dispute arises.