Article 6 of the Electronic Transaction Laws of year
2002 expresses legal recognition of electronic signatures. However within that
context the laws do not go beyond the basic rules on the acceptability issues.
The Electronic Transactions Laws of year 2002 in articles 16, 17 and 18 laid down high level conditions for the establishment, operation and cancellation of certification service providers. In pursuance to that two resolutions have been passed, respectively, on the conditions for establishment of certification service providers within the kingdom and to appoint the Central Informatics Organisation to be the government body with such authority:
قرار وزير التجارة رقم ( 4 ) لسنة 2004 بشأن اعتماد مزودي خدمة الشهادات والإشراف على أعمالهم
قرار رئيس مجلس الوزراء رقم (68) لسنة 2006 بشأن تزويد الجهاز المركزي للمعلومات لخدمة الشهادات المعتمدة
While these regulations do set out the minimum
requirements for the respective body to act as certification service providers,
their scope does not include further regulations on electronic signatures, such
legal consequence of using or accepting forged or expired electronic signatures
or those that have been revoked; if there is any remedy available to customers
who rely on electronic signatures which have been applied without authorization;
the mechanism to deter the abuse or misuse of electronic signatures; etc. These are among matters that will
be of utmost concern of people and businesses while conducting their
transactions online – when electronic signatures are required as part of
contract formalities.