Legality and enforceability of electronic signatures in Saudi Arabia*
Electronic Signatures In Saudi Arabia
Since 2007, when the Electronic Transactions Law was adopted, electronic signatures have been legally recognized in Saudi Arabia. The country adopted a tiered electronic signature system and recognized two types of signatures: electronic and digital.
An electronic signature, or a simple electronic signature, is data in the form of texts, codes, images, graphics, sounds, or any other electronic form included in, attached to, or logically associated with a signed electronic document.
To be valid, a simple electronic signature needs to comply with the following requirements:
- Be logically associated with a signed document.
- Verify the identity of the signatory.
- Indicate that the signatory approved the document signing.
- Detect any change made to the document after it was signed.
A digital signature is an electronic signature based on a digital signature certificate issued by a certified provider. A digital signature and a certificate must satisfy the following criteria:
- A digital certificate must be issued by a certified provider.
- A digital certificate maintains the signer’s identity data.
- The certificate ensures the integrity of the electronic signature, and a connection to the electronic data system is secured.
- The signature and the signer complied with all applicable technical conditions provided by the government.
Default SignNow electronic signatures qualify as simple electronic signatures and can be used in Saudi Arabia. For a higher level of security, you can use the electronic signature provided via SignNow eID Easy integration.
Does the Use of Electronic Signature Require a Consent?
Yes. According to the law, nothing compels a person to use electronic transactions without their implicit or explicit consent. Also, one of the electronic signature validity requirements is that the signer approves the content of the signed document.
That said, the law allows getting implicit consent from the signer, e.g., the consent to use an electronic signature might be derived from the person’s actions. However, the exception to this rule is that 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.
Validity of Electronic Signatures in Saudi Arabia
According to the law, electronic transactions, records, and signatures are fully valid and enforceable. There are several general electronic signature validity rules in Saudi Arabis:
- The electronic signature shall be equal to a hand-written signature, and it shall have the same legal effect.
- The legal effect of electronic records and signatures cannot be disputed, and their execution cannot be delayed because they are in electronic form.
- An electronic record shall be deemed an original in its own right if it provides a technical way to ensure its integrity and can be provided for examination upon request.
However, the law establishes a higher threshold for providing electronic documents or signatures as evidence in court. In general, electronic transactions or signatures shall be admissible as evidence if they remain integral and can be provided for examination upon request. That said, an electronic signature is deemed valid unless proven otherwise or the concerned parties agree to the contrary:
- The electronic signature is the signature of the person identified in the digital certificate.
- The electronic signature was provided by the person identified in the digital certificate for the purpose identified in the certificate.
- The document or electronic signature has not been altered after the signing.
When You Cannot Use Electronic Signatures in Saudi Arabia
Usually, the following types of documents cannot be signed with the electronic signature:
- Transactions pertaining to personal status.
- Real estate deeds.
This is a general rule. However, a state authority can adopt and approve internal rules with the Ministry of Communications and Information Technology for the use of electronic signatures for these and other transactions.
* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024