In this Law, the following terms shall have the meanings assigned thereto, unless the context requires otherwise:

• Law: E-Commerce Law.

• Regulations: Implementing Regulations of the Law.

• Ministry: Ministry of Commerce.

• Minister: Minister of Commerce.

• E-Commerce: An activity of economic nature undertaken, in whole or in part, by a service provider and a consumer through electronic means to sell products, provide services, advertise the same, or exchange data related thereto.

• Data: Information of any source or form used, directly or indirectly, in an ecommerce transaction.

• Person: A natural or legal person.

• Merchant: A person registered in the Commercial Register who practices ecommerce.

• Practitioner: A person who practices e-commerce but not registered in the Commercial Register.

• Service Provider: A merchant or practitioner.

• Consumer: A person who engages in e-commerce to obtain products or services provided by a service provider.

• Contract: An agreement concluded electronically between parties conducting e-commerce transactions.

• E-Shop: An electronic platform through which a service provider displays or sells a product, provides a service, advertises the same, or exchanges data related thereto.

• E-Shop Authentication Entity: An entity licensed by the Ministry to authenticate electronic shops.

• Electronic Communication: A statement, declaration, notification, request, or offer made by contracting parties via electronic means while negotiating or executing a contract.

• Electronic Advertisement: Any advertisement carried out by a service Electronic Advertisement: Any advertisement carried out by a service.

• Electronic Means: Any information and communications technology (ICT) medium, whether electrical, electromagnetic, visual, optical, digital, or any other form of similar technology.

The provisions of this Law shall apply to:

• a) service providers in the Kingdom;

• b) practitioners outside the Kingdom who offer products or services to consumers in the Kingdom in a manner that enables them to have access thereto; and

• c) consumers.

1. For the purposes of applying the provisions of this Law, the business address of a service provider shall refer to the following:

• a) For a merchant: his business address as specified in the Commercial Register.

• b) For a practitioner: his business address as specified in his e-shop, unless otherwise indicated.

2. If a service provider has more than one place of business, none of which has been selected as a business address, his business address shall be the one most closely connected to the contract, taking into consideration the circumstances the parties were aware of or anticipated prior to or at the time of concluding the contract.

3. If a practitioner is a natural person and does not have a place of business, his business address shall be his permanent address. The Regulations shall determine the necessary terms and conditions.

4. A place of business shall not be deemed a business address merely because it houses equipment and technology supporting an information system used by the service provider to conclude the contract, or because it is where such information system may be accessed by other parties.

5. A service provider’s use of a domain or e-mail address connected to a specific country shall not create a presumption that his business address is located in that country.

If a consumer makes an error in an electronic communication made through an ICT medium that cannot be rectified, he may notify the service provider of such error as soon as he becomes aware of it within the time limit prescribed by the Regulations. Such notification shall be deemed rectification of the error, unless the consumer has used or benefited from the service provider's product or service.

1. Without prejudice to the provisions of other laws, a service provider shall not retain a consumer's personal data or electronic communications, except for the period required by the nature of the electronic transaction, unless a different period is agreed upon. Necessary measures shall be taken to protect and maintain the confidentiality of such data during the retention period. The service provider shall be responsible for protecting the consumer's electronic communications or personal data in his possession or in the possession of the entities or agents thereof he deals with. The Regulations shall specify personal data deemed confidential.

2. A service provider shall not use a consumer's personal data or electronic communications for unauthorized or impermissible purposes, nor disclose the same to other entities, whether at no cost or for a consideration, unless the consumer consents to such disclosure or is required by law.

A service provider shall disclose the following in his e-shop:

• a) his name or any identifying characteristic, and his address, unless he is registered with an e-shop authentication entity;

• b) his contact information;

• c) name and number of his commercial registration, if any, or of any other publicly available register; and

• d) any other data specified by the Regulations.

A service provider shall provide the consumer with a statement that includes the terms and conditions of the contract to be concluded, in addition to the following:

• a) procedures to be taken to conclude the contract;

• b) information related to the service provider;

• c) basic characteristics of the products or services subject of the contract;

• d) total price, including all charges and taxes, and delivery fees, if any;

• e) arrangements relating to payment, processing, and delivery;

• f) warranty information, if any; and

• g) any other information specified by the Regulations.

The Regulations shall specify the rules governing the service provider’s provision of information according to the nature of each transaction.

Upon conclusion of a contract, the service provider shall provide the consumer with an itemized invoice stating the total price, including all charges and taxes, and delivery fees, if any, as well as the date and place of delivery, as specified by the Regulations.

A service provider practicing a regulated profession which requires a license or permit shall disclose the following:

• a) The agency he is registered with, and the details of the license or permit issued thereby.

• b) His professional title and the granting country.

• c) Any other information specified by the Regulations.

1. An electronic advertisement shall be deemed an integral part of the contract, and shall be legally binding.

2. An electronic advertisement shall include:

• a) name of the advertised product or service;

• b) name of the service provider and any identifying characteristic, unless he is registered with an e-shop authentication entity;

• c) contact information of the service provider; and d) any other information specified by the Regulations.