established to be consistent with the developed considerations and objectives.
The law was established under the guidance of the model law adopted by the
United Nations and the comparative electronic transaction laws in the Arab
and Western countries.
The law includes eight chapters:
The first chapter in Article (1) included the definitions of technical term
explaining its significance in the text of the law. Such definitions were meant
to be flexible so as to accommodate any new modern technologies.
Chapter two of the Law included the general provisions. Article (2) included
the scope of application and established the important role in the validity of
the provisions of this law and the transactions governed by such provisions.
Article (2) also specifies the types of areas, which are generally about everything
related to electronic documents and signatures, governed by the provisions
of this law. This Article established a significant rule which is respect of the
both parties’ agreement on choosing the application of the provision of this
legalization or excluding the same pursuant to the principle of “control of the
will”. The Article also specifies the transactions and document which are not
governed by the law exclusively and which are excluded from the scope of its
validity due to its privacy that is inconsistent with the nature of this law; namely
the matters of personal status, endowment, wills, deeds and transaction
related to property rights or negotiable bills of exchange, or documents which
the law requires to be in the form of official or authenticated documents.
Article (3) of the law stipulates the consideration of each of the electronic
record, document, message, transaction and signature as effective at law
whenever carried out pursuant to the provisions of this law.
Article (4) established the principle of “control of the will” in the acceptance of
dealing through electronic means learnt from the positive behavior taken as
an approval. The last paragraph of the Article was added requiring the explicit
approval of the government bodies on electronic trading.
Article (5) established a significant principle regarding the validity of the hard
copy of the electronic document or record as an evidence before the court;
whether the document was official or unofficial to the extent the it matches the
original as long as the electronic document or record exists on the medium.
Article (7) stipulates that the general rules of the Law of Evidence govern
the validation of the official and unofficial electronic documents, electronic
signature and electronic writing if nothing in this law or the Executive By-law
thereof addresses such matters.
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