The electronic record and the trusted signature
The implementing regulation of the Electronic Transactions Law sets controls for keeping an electronic record and for an electronic signature. A signature's validity rests on a current digital certificate that matches the signer's identity.
Who it applies to
Anyone relying on an electronic record or signature in an agreement, whether owner, association or provider.
What the source says
On the electronic record, the regulation sets keeping controls in articles 2 and 5 and nearby: a minimum set of data such as the creator, sender, recipient and the dates of creation, sending and receipt; periodic archiving and backup; logging of access and changes; attributing the record to its creator; and sending it with its full data.
On the signature, article 10 sets six conditions for validity, chiefly that it is linked to a digital certificate in force when the signature is made, that the signer's identity matches the certificate, and that the certificate comes from a certification body issued by the centre the regulation designates or from a licensed service provider. It sets minimum certificate elements such as the issuer, serial number, validity period and scope of use. Article 11 requires precautions against unauthorised use and reporting to the issuer as soon as it is discovered, and article 12 governs verification by checking the certificate's origin and validity. If any element of the signature fails, it is treated as void and does not identify its creator.
The legal weight of a signature comes from the Electronic Transactions Law, not from the regulation. According to a search summary of it, a signature made under the law satisfies the requirement of a handwritten signature, and electronic transactions and records carry legal effect.
When it matters to you
If you rely on an electronic record in an agreement, keep its minimum data and log who viewed it and when it was changed. If you use an electronic signature, ask which certification certificate it rests on and who issued it. Under these controls, a signature's validity rests on a digital certificate, not merely on logging in with a user account.
What this article does not cover
The regulation was read directly, but the text of the Electronic Transactions Law itself was not retrieved and rests on a search summary, so this article does not go through its articles. The numbering of the article on legal weight in published versions needs checking against the official text. No Thibrh feature should be described as a "trusted signature" until it is tied to a certification certificate. This is general information from a published source, not legal advice; official decisions and procedures take place on the authority's platform.
Key points
- An electronic record needs minimum data, archiving, backup and logging of access and changes.
- A valid signature needs a current digital certificate matching the signer's identity.
- The certificate comes from a certification body issued by the centre the regulation designates, or from a licensed provider.
- If any element of the signature fails, it is treated as void.
- Legal weight comes from the law, which we read only through a search summary.
Related provisions
- اللائحة التنفيذية لنظام التعاملات الإلكترونية، المواد 2 إلى 9 (السجل) و10 إلى 12 (التوقيع)
- نظام التعاملات الإلكترونية (الحجية، بملخص بحث)