Standard vs Advanced Electronic Signature: Which Do You Need in SA?

South African law recognises two types of electronic signatures under the ECT Act 25 of 2002. Most businesses only ever need one of them. Here is the plain-English breakdown of the difference — and how to know which one applies to your documents.

The two types under the ECT Act

Section 13 of the Electronic Communications and Transactions Act 25 of 2002 defines two categories:

• Electronic signature (Section 13(1)): Any data attached to or associated with a document that is intended to serve as a signature. This is the standard form used for the vast majority of commercial documents.
• Advanced Electronic Signature (Section 13(3)): A specific, higher-assurance signature that uses cryptographic technology and requires the signing party to be accredited by the South African Accreditation Authority (SAAA) under the ECT Act. It is only required where legislation specifically mandates it.

What is a standard electronic signature?

A standard electronic signature is any method of signing that reliably identifies the signer and indicates their intention to sign the document. Examples include:

• A drawn or typed signature on a signing platform
• A scanned handwritten signature inserted into a PDF
• A typed name in an email agreeing to terms
• A clicked “I Accept” button

SignZA uses a standard electronic signature enhanced with a full audit trail — capturing the signer's name, email, IP address, timestamp, and explicit consent declaration. This meets the reliability standard of Section 13(1) for all standard commercial documents.

What is an Advanced Electronic Signature (AES)?

An Advanced Electronic Signature uses public key infrastructure (PKI) cryptography to bind the signature to both the signer and the document in a way that cannot be repudiated or altered. In South Africa, an AES must be issued by an accredited certification authority — currently the South African Post Office (SAPO) and LawTrust are the only SAAA-accredited providers.

An AES is significantly more complex and expensive to obtain than a standard e-signature. Signers must undergo identity verification (in-person or remote) with the certification authority before a signing certificate is issued.

When do you need an AES?

An Advanced Electronic Signature is only required when:

• Legislation specifically states that a signature required by law must be an AES (Section 13(3) of the ECT Act).
• A court order requires a signed document to carry an accredited AES.

In practice, very few commercial documents require an AES. The most common examples in South Africa are specific government and regulatory submissions and certain financial institution compliance documents.

Documents that require an AES in South Africa

The specific document types requiring an AES are limited and relate to situations where legislation mandates a “signature required by law” — meaning a statute specifically requires a signature for that document type and has not been amended to allow a standard electronic signature.

If you are uncertain whether a document you work with requires an AES, consult your legal advisor. For standard commercial documents, a standard electronic signature via SignZA is sufficient.

Does SignZA offer Advanced Electronic Signatures?

SignZA currently offers standard electronic signatures under Section 13(1) of the ECT Act, enhanced with a full audit trail embedded in the signed PDF. This covers the vast majority of South African commercial document signing needs.

If your practice requires AES for specific regulated documents, LawTrust and Zoho Sign (via SAPO integration) offer AES options — though at significantly higher cost and complexity.