Implementing Regulations of the E-commerce Law

Article 1:

  • The terms and expressions mentioned in these Regulations shall have the meanings indicated to each of them in Article 1 of the Electronic Commerce Law, issued by Royal Decree No. (M / 126) dated 7/11/1440 AH.

Article 2

  • The activity of the Service Provider shall be of an economic nature if it is continually done for the generation of profit, and the provisions of the Law and the Regulations shall apply to this activity.

Article 3

  • 1. The place of business of the Practitioner (natural person) is the place that is determined in the Electronic Shop, or in the authentication certificate issued by the E-Shops Authentication Entity.

  • 2. If the Practitioner (natural person) within the Kingdom does not have a place of business, then his place of business shall be his place of residence, in accordance with the registered National Address.

  • 3. The place of business in which the Practitioner is practicing shall be appropriate to the nature of the activity and the scope of work undertaken in the place of business, and the exercise of the activity therein shall not prejudice public tranquility

Article 4

  • 1. The Consumer may correct an error in Electronic Communications if the Consumer notifies the Service Provider of the error within (24) hours of the time the Electronic Communication is sent.

  • 2. The Service Provider shall comply with the correction of the error notified in accordance with paragraph (1) of this Article, unless the Consumer has benefited from the Service Provider's product or service, or otherwise derived utility from them.

  • 3. The Service Provider may correct unintended errors in Electronic Communications sent to the Consumer, provided that this ability to correct errors is stipulated in the contract with the Consumer, and provided that the Consumer is notified of the error as soon as the Service Provider becomes aware of it, and before the product is shipped or service is commenced. The consumer has the option in this case to either continue to implement the contract with the Service Provider after the correction of the Electronic Communication, or to terminate the contract and recover the cost incurred for the product or service, and other costs resulting from this error.

Article 5

  • 1. Any Data - whatever its source or form – that leads to specific knowledge of the Consumer’s identity, including: names, identity information, addresses, contact numbers, license numbers, records and personal property, account and bank card numbers, and still and moving pictures, is considered protected Personal Consumer Data.

  • 2. The Service Provider shall comply with the following:

    • a. Protection of Personal Consumer Data from access, disclosure, alteration or processing for nonlegitimate purposes, by applying technical and administrative measures commensurate with the nature of such Data.

    • b. Personal Consumer Data shall not be retained except for the purpose of fulfilling the obligations of the Service Provider, and shall not be used for any other purpose, such as advertising or marketing, without the express prior consent of the Consumer.

    • c. If the Personal Consumer Data is breached, the Service Provider must notify the Ministry - according to the mechanism determined by the Ministry - and the Consumer, within (3) days from the date of the Service Provider’s knowledge of the breach, with an explanation of the scope of the breach and its effects, and the measures taken to address it. The notice shall not exempt the Service Provider from liability towards the Consumer, and the Service Provider must comply with what is issued by the competent authorities in this regard.

  • 3. If the Consumer’s relationship with the Electronic Shop is continuous and requires the establishment of an account to facilitate future contracts, the Service Provider may, after obtaining the consent of the Consumer, retain Personal Consumer Data until the Consumer requests the closure of this account, and the Service Provider shall allow for the closure of the account in a clear and easy fashion.

Article 6

  • 1. Subject to the provisions of Article 6 of the Law, the Service Provider shall disclose in the Electronic Shop the following Data:

    • a. The Electronic Shop’s Privacy Policy (if any), including measures to protect Personal Consumer Data, and the scope of dealing with user profiles.

    • b. Procedures and methods used to receive and resolve Consumer complaints.

    • c. The Service Provider’s tax number (if any).

  • 2. The Service Provider shall provide access to the Data contained in Article 6 of the Law and paragraph (1) of this Article by providing a link to it in the Electronic Shop, with an explanation of any subsequent amendment to the Data

Article 7

  • 1. Subject to the provisions of Article 7 of the Law, the Service Provider shall include the following in the statement given to the Consumer clarifying the terms and conditions of the contract to be concluded :

    • a. Reference to the right to terminate the contract in accordance with paragraph (1) of Article 13 of the Law where termination is permissible, and the costs incurred by the Consumer in the exercise of this right, the steps the Consumer should take if he wishes to exercise the right to terminate the contract, or reference that the Consumer is not entitled to terminate the contract due to the applicability of paragraph (2) of Article 13 of the Law or Article 11 of the Regulations. b. Details of the price to be paid, such as the original price, delivery costs, and taxes (if any) in addition to any other costs that may be incurred in the future, along with an indication of how they are calculated and their terms of entitlement.

    • c. After-sales services (if any) and conditions for the provision of these services.

    • d. The duration of the contract and its expiry date, if applicable.

    • e. Payment terms, recurring payments (if any), and shipping and delivery provisions if so required.

  • 2. The Service Provider shall clarify to the Consumer the procedure for concluding the contract by stating in the field designated for payment that once this field has been clicked, the contract shall be concluded, and that the contract shall entail the obligation to pay, in a clear and easy fashion.

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Article 8

  • Subject to the provisions of Article 8 of the Law, the Service Provider shall submit to the Consumer after concluding the contract a downloadable receipt which includes the following Data:

    • a. The name of the Service Provider if the Service Provider is a Practitioner, or the trade name of the Service Provider if the Service Provider is a Trader, and a description of the product or service subject to the contract.

    • b. Confirmation of the contract and the date of its execution.

    • c. The total price of the product or service, and the value of taxes (if any) clarifying the details of the price, how it is calculated and the conditions of claiming it.

    • d. Shipping, transportation and delivery charges (if any).

    • e. The Service Provider’s tax number (if any).

    • f. The delivery date of the product or service.

    • g. The name of the carrier delivering the product, and delivery route tracking data (if any).

    • h. A summary of the replacement and refund provisions in cases where this is permissible (if applicable).

    • i. The method of payment, and confirmation of full payment if it has been made.

Article 9

  • 1. Subject to the provisions of Article 9 of the Law, a Service Provider practicing a profession subject to special regulation and requiring a license or permit to practice shall be obliged to disclose the license or permit number, its expiry date and the granting authority in the Electronic Shop.

  • 2. The provisions of these Regulations are without prejudice to the provisions in force in the Kingdom in relation to the professional activity of the Service Provider.

Article 10

  • 1. Subject to the provisions of Article 10 of the Law, the Electronic Advertisement, when published or sent, shall include the following:

    • a. A clear statement that it is an advertisement.

    • b. Information related to the product or service that allows the Consumer to make an informed and conscious decision.

  • 2. The Service Provider shall provide the Consumer with a means to request the cessation of the transmission of electronic advertisements, and the Service Provider shall cease sending electronic advertisements to the Consumer upon receipt of this request.

  • 3. The Service Provider must comply with the provisions of the laws and regulations related to advertisements, and obtain the required licenses in accordance with the nature of the product or service.

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