Yes, generally, documents can be executed electronically, except for powers of attorney, wills and succession-related documents, and documents for the sale or transfer or that otherwise dispose of immovable property.
Please note that the Law on Electronic Commerce dated 2 November 2019 ("E-Commerce Law") defines "electronic signature" as a signature created by electronic means used to identify the signatory and includes digital signatures, biometric signatures and other signatures. Valid electronic signature ("E-Signature") should have the following criteria:
- It is possible to identify the person or reflect the approval of such person for the information or records contained in electronic communication.
- It is reliable and consistent with characteristics, purposes and circumstances whereby such electronic communication is made or communicated.
In addition to the E-Signature discussed under the E-Commerce Law, Sub-Decree No. 246 on Digital Signatures dated 29 December 2017 ("Sub-Decree No.246") sets out further criteria for digital signatures ("Digital Signature"), as follows:
- Verification of the digital signatory's identity correctly and specifically
- Verification of the authenticity of the electronic message
- Verification of the time and date of the signing of the Digital Signature
- Other criteria as determined by the Ministry of Post and Telecommunications (MPTC)
Once the above criteria are fulfilled, the Digital Signature owner shall obtain a digital signature certificate from the certificate authority ("Certificate Authority"), which will be established under a separate regulation of the MPTC.
Although the E-Commerce Law and the Sub-Decree No. 246 discussed the above specification and criteria for both E-Signatures and Digital Signatures, in practice, the use of E-Signature and Digital Signature remains unclear. To further implement the usage of the E-Signature and Digital Signature, the MPTC and relevant ministry are currently working on (i) the draft regulation on the form, procedure and registration requirement of Digital Signature and (ii) the guideline/regulation for the Certificate Authority to issue a digital signature certificate to the user. This ambiguity also applies to the implementation and effect of the E-Signatures registered and effective in jurisdictions other than Cambodia.