Electronic Transactions Law and its Executive Regulation

Chapter 1: General Provisions

Article 2

This Law aims at controlling, regulating, and providing a legal framework for electronic transactions and signatures so as to achieve the following:
1. Setting uniform legal standards for using electronic transactions and signatures and facilitating the implementation thereof in both private and public sectors by means of reliable electronic records.
2. Ensuring the credibility and integrity of electronic transactions, signatures, and records.
3. Facilitating electronic transactions and signatures, domestically and internationally, in all sectors, including government procedures, commerce, medicine, education, and electronic payments.
4. Removing obstacles facing the use of electronic transactions and signatures.
5. Preventing misuse and fraud in electronic transactions and signatures.

Article 3

Previous Amendments
  • This Law applies to electronic transactions and signatures, and the following are exempt from its provisions:

  • A- Transactions related to Family Matters.

  • B- Issuance of deeds related to actions concerning Real Estate.

  • Unless the responsible authority for these transactions issues what permits their electronic execution, according to regulations set by that authority in agreement with the authority.

Article 4

1. Nothing in this Law shall compel any person to use electronic transactions without his implicit or explicit consent.
2. In exception to paragraph (1) of this Article, the consent of a government agency to electronic transactions shall be explicit, taking into consideration the conditions set by the government agency for electronic transactions.
3. A person may set additional conditions for accepting electronic transactions and signatures, provided that such conditions do not conflict with the provisions of this Law.

Chapter 2: Legal Effects of Electronic Transactions, Records, and Signatures

Article 5

1. Electronic transactions, records, and signatures shall have full effect and their validity and enforceability may not be contested, nor may the execution thereof be stayed on the ground that they were wholly or partially conducted by electronic means; provided that such electronic transactions, records, or signatures are carried out in compliance with the conditions provided for in this Law.
2. Information resulting from electronic transactions shall remain in effect and enforceable as long as access to the details thereof is allowed within the electronic data system of the originator thereof and the manner of accessing them is indicated.

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Article 6

1. Without prejudice to Article 3 of this Law, if any law in the Kingdom requires for certain documents or information to be stored for any reason, such requirement shall be deemed satisfied if said documents or information is stored or sent in the form of an electronic record, subject to the following:
a) Storing the electronic record in the form it was generated, sent, or received, or in such a form that the contents thereof may be verified as being identical to the contents in which it was generated, sent, or received.
b) Storing the electronic record in a manner that allows for future use and reference.
c) Storing information, together with electronic records, indicating the originator and addressee as well as the date and time of sending and receiving.
2. Any person may, at his own responsibility, assign another person to satisfy the requirements set forth in paragraph (1) of this Article.
3. The Regulations shall set forth the procedures for storing electronic records and data, the conditions required to produce them in electronic format, and the conditions and restrictions for accessing them. 

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