POPIA & Compliance5 min read

EAAB & ECTA Requirements for Electronic Mandate Signatures

To ensure your commission is legally protected, electronic signatures on sole mandates and lease agreements must comply with the Electronic Communications and Transactions Act (ECTA) and align with industry standards. Simply drawing a signature on a standard PDF is often not enough to prove intent in a legal dispute.

1

Identifying the Signatory

Under ECTA, a standard electronic signature must use a reliable method to identify the person signing. PropSign handles this by logging the signatory's IP address, device fingerprint, and the specific email token used to access the document.

2

Proving Intent to Sign

The system must capture the explicit intent of the user. PropSign requires signatories to deliberately click through a consent notice and physically draw or type their signature, creating a clear record of intent to be legally bound by the mandate.

3

Document Integrity

A legally binding mandate cannot be altered after signing. PropSign cryptographically hashes the final document. If even a single word is modified after the signature is applied, the hash breaks, proving the document has been tampered with.

4

Producing the Audit Trail

In the event of a dispute over a sole mandate, you need an immutable log to prove the timeline. PropSign automatically generates and attaches a detailed ECTA audit trail to the final downloaded PDF, providing bulletproof evidence of the transaction.

Tip

Important Legal Note: While mandates and lease agreements can be signed electronically using PropSign, South African law dictates that agreements for the actual sale of immovable property (Deeds of Alienation) still require an advanced electronic signature or a wet-ink physical signature.