Validity and Enforceability of Electronic and Digital Signatures in Cambodia

Digitalisation is transforming the way businesses and government agencies conduct transactions in Cambodia. Electronic and digital signatures are central to this transformation, particularly in banking, finance and cross-border transactions, where certainty around validity and enforceability is essential.

Cambodian law recognises electronic signatures where they identify the signatory, demonstrate the signatory’s approval and satisfy applicable reliability requirements. Digital signatures form a distinct category and require certification by a licensed certification authority. Additional requirements may apply to digital financial services under the National Bank of Cambodia’s Technology and Cyber Risk Management Guidelines.

Our team has prepared a legal update examining the regulatory framework under the E-Commerce Law, Sub-Decree No. 246 on Digital Signatures and applicable cybersecurity requirements.

The update covers:

• Recognition standards for electronic and digital signatures
• Certification and licensing requirements for digital signature authorities
• Two-factor authentication, OTP and cryptographic controls applicable to digital financial services
• Statutory exclusions relating to powers of attorney, wills and succession, and immovable property transactions
• The current regulatory gap concerning data residency and cloud-based electronic signatures
• Practical adoption trends, including the continued use of handwritten signatures and thumbprints in court proceedings

As electronic transactions continue to expand, understanding the applicable legal and regulatory requirements will be increasingly important for businesses adopting digital signing solutions in Cambodia.

Download the article here