The rapid growth of information technology has led to developments in all fields, especially in the field of utilizing communication methods to obtain goods and services with the least effort, lowest cost, and shortest time. Electronic commerce and contracting are among the most significant areas of modern communication technology.
Several countries have enacted electronic transaction laws to regulate the legal framework for conducting business online or forming contracts electronically. It has become essential to define their evidentiary value so they can be accepted as proof before courts.
Jordan was among those countries. The Temporary Electronic Transactions Law No. 85 of 2001 marked the beginning of recognizing electronic signatures. This law was later repealed and replaced by the Electronic Transactions Law No. 15 of 2015, published in the Official Gazette on May 17, 2015, and effective from the same date (the “New Electronic Transactions Law”).
Broadly speaking, the New Electronic Transactions Law is based on the UNCITRAL Model Law for Electronic Signatures.
Definition of Electronic Signature
An electronic signature is defined under the New Electronic Transactions Law as:
Information in the form of letters, numbers, codes, symbols, or other elements that are electronically included in, attached to, or associated with an electronic record. It is used to authenticate the identity of the signatory and distinguish them from others.
The electronic signature has several characteristics, including:
- The legislator did not restrict it to a specific form, allowing flexibility for future developments
- It can take various forms such as numbers, letters, symbols, or codes
- It must identify the signatory and distinguish them from others
- It should indicate the signatory’s consent to the electronic document
Types of Electronic Signatures
The Jordanian legislator distinguishes between three types of electronic signatures:
1. Protected Electronic Signatures
To be considered a protected electronic signature, the following conditions must be met:
a. Uniquely linked to the signatory
The signature must be specific to its owner and cannot be confused with another person’s signature.
b. Capable of identifying the signatory
A signature that is uniquely linked to a person inherently fulfills this condition.
c. Private key under the signatory’s control
The signature must be created using tools under the sole control of the signatory.
The law defines the private key as:
“A symbol used by a person to create an electronic signature in an electronic transaction or record.”
If the private key is not under the control of the signatory, the signature cannot be attributed to them unless proven otherwise.
d. Linked to data in a way that detects alteration
The signature must be connected to the document so that any modification can be detected.
2. Authenticated Electronic Signatures
An electronic signature is considered authenticated if it meets all protected signature conditions and is certified by one of the following:
- A licensed electronic authentication provider in Jordan
- An accredited authentication provider
- A governmental body authorized by the Council of Ministers
- The Ministry of Digital Economy and Entrepreneurship
- The Central Bank of Jordan (for financial transactions)
This adds credibility by involving neutral and trusted entities.
3. Ordinary Electronic Signatures
Any electronic signature that is neither protected nor authenticated is considered an ordinary electronic signature.
It carries the same evidential weight as a regular document between the parties only.
Legal Effect of Electronic Signatures
- Ordinary Electronic Signature:
Same evidential value as a regular document between parties.
If disputed, the burden of proof lies on the party relying on it. - Protected Electronic Signature:
Considered valid evidence between parties. - Authenticated Electronic Signature:
Has full evidential value and is valid against both parties and third parties. - Unsigned Electronic Record:
Has the same value as an unsigned document.
Transactions Not Subject to the Law
Certain transactions are excluded from electronic processing and require traditional methods:
- Establishing or amending a will
- Establishing or modifying Waqf
- Real estate transactions requiring registration
- Powers of attorney and civil status matters
- Cancellation notices for utilities or insurance contracts
- Court procedures, pleadings, and judicial decisions
- Securities (unless regulated otherwise by competent authorities)
Co-authored by Advocate Yousef S. Khalilieh & Advocate Arwa T. AL Azzeh
