Electronic Signatures In Egypt | Legal Validity Under Law 15 Of 2004

E-signature as Legal Guarantee for Commercial Contracts in Egypt Commercial e-contracts are no longer an exceptional option. Rather, they have become a legal and economic reality imposed by digital transactions and the accelerating pace of online commerce. With this transformation, e-signatures have emerged as a pivotal legal tool that serves the same function as traditional signatures. They prove consent and attribute the document to its author, ensuring the stability of commercial transactions.

The Egyptian lawmakers kept pace with this change by issuing Law 15 of 2004 on Electronic Signatures. This law establishes a comprehensive legal framework that recognises the validity of e-documents and e-signatures, which are given the same legal weight as traditional and official documents when they meet the legal and technical requirements. This regulation is particularly important in commercial contracts, where transactions are marked by speed, trust, and mutual reliance between the parties.

This paper discusses the extent to which e-signatures are considered a legal guarantee for commercial contracts in Egypt. It analyses relevant legislative texts and outlines the conditions for the validity and admissibility of e-signatures. It also highlights their role in protecting e- commerce transactions and promoting trust in the digital business environment.

• An electronic signature is placed on a digital document and takes the form of letters, numbers, symbols, signs, or other characters. It has a unique character enabling the identification of the signatory.
• E-signatures have the same legal effect as traditional signatures, the most importantof which are:
  1. Identifying the contractor and the signatory of the contract.
  2. Expressing his willingness to comply with the terms of the contract.
  3. Ensuring the integrity of the digital document from any subsequent modification by parties other than its owners.

Therefore, an e-signature is not merely a technical means, but rather a legal tool with a direct effect on the conclusion of a commercial contract and its legal consequences.

The legislative basis for the recognition of e-signatures in Egypt: The Egyptian lawmakers recognized the legal validity of e-signatures under Law 15 of 2004 ("Law") and its Executive Regulations. Specifically, Article 14 of Law 15 of 2004 states that:

To be considered an electronic signature in civil, commercial, and administrative transactions with the same legal effect as signatures under the provisions of the Evidence Law in civil and commercial matters, an electronic signature must be created and completed in accordance with the conditions outlined in this Law and the technical rules and regulations specified in the Executive Regulations of this Law.

Article 9 of the Executive Regulations of Law 15 of 2004, issued by Resolution 109 of 2005, stipulates that:

From a technical and technological standpoint, the electronic signature is linked to the website only if the e-signature is based on an e-signature data creation system and one of the following two requirements is met:

1. This e-signature must be linked to a valid and effective online certification issued by a licensed or accredited online certification authority.
2. The authenticity of the e-signature must be verified.

• The law delegates to the Information Technology Industry Development Agency (ITIDA) the task of regulating and accrediting e-certification authorities, thereby enhancing confidence in the integrity of e-signatures used in commercial contracts.
• Requirements for an electronic signature to be valid as a legal guarantee. To ensure that e-signatures are legally admissible and serve as a genuine guarantee of the stability of commercial contracts executed online, Egyptian lawmakers have established several controls and requirements, as set out in the Electronic Signature Law 15 of 2004. These are as follows:

1. E-signature is linked to the website.
2. The website alone has control over the electronic medium.
3. Detection of any modification or alteration in the e-document data or e-signature.
4. Using a licensed e-certification authority by ITIDA, whereby the identity of the signatory and the integrity of the signature are verified.

• Admissibility of e-contracts as evidence:
• Article 15 of Law 15 of 2004, as stipulated in Article 8 of the Executive Regulations of the Law, states that:

E-documents, in the context of civil, commercial, and administrative transactions, shall only have the same legal effect as official or customary documents and instruments under the provisions of the law of evidence in civil and commercial matters, if the following technical and technological controls are in place:

1. It shall be technically possible to determine the time and date of creation of official or customary e-documents and instruments. This shall be made possible through an independent digital storage system that is not subject to the control of the creator of such a document, instrument, or the concerned party.
2. It should be technically possible to determine the source of the creation of official or customary e-documents and instruments, and the degree of control of their creator over this source and over the media used in creation.
3. If official or customary e-documents are created and issued without human intervention, either partially or completely, the authenticity shall be verified when it is possible to verify the time and date of their creation and that these documents or instruments have not been tampered with.

The Law of Evidence in Civil and Commercial Matters 25 of 1968 also attaches particular importance to written evidence, with Article 61 stipulating that witness testimony is not admissible if it contradicts or exceeds the content of written evidence. This means that once it has been proven that the document was issued by the relevant person, it is considered conclusive evidence within the limits of its content, and its legal effect cannot be nullified or denied by lesser means of proof. Consequently, when an e-commercial contract is established by an e-instrument with a valid electronic signature, in accordance with the Electronic Signature Regulation Law, it shall have the same legal effect as traditional written documents and may only be challenged by the same legal means.

The role of e-signatures in maintaining trust and stability in commercial transactions. E-signatures play a pivotal role in maintaining trust and stability in commercial transactions. They are a legal tool that guarantees the owner's right to dispose of the document and proves their intention beyond doubt, thereby preventing denial or claims of ignorance of the contract's contents. E-signatures also help protect digital documents against tampering or unauthorized modification. They establish legal certainty between parties in a commercial relationship, especially in remote transactions where the parties are not physically present. This will enhance legal certainty in the e-commerce environment, thereby supporting mutual trust between parties and encouraging the expansion of electronic means as a secure and effective alternative to traditional contracts.

In conclusion, from the legislative and judicial analysis, it is clear that e-signatures are no longer just a technical tool. Instead, they've become a basic legal guarantee for stable commercial transactions in Egypt, putting e-documents on the same footing as traditional documents for evidentiary purposes, as they meet the legal and technical requirements set out in Law 15 of 2004. The Egyptian judicial system has recognized digital evidence and acknowledged its admissibility as long as it is consistent and complies with legal regulations, which enhances legal confidence and encourages the expansion of e-commerce.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.