E Signature In Uae

E-Signatures are legally valid and admissible in the court of law. UAE follows an
open model where e-signature are legally valid. Specific use cases for eSignatures
are indicated in the Federal E-commerce Law.

Law of E signature in Uae

Electronic signatures are recognized in the UAE under Federal Law No. 1 of 2006
Concerning Electronic Transactions & Commerce (eCommerce Law). A
handwritten signature isn’t always needed for a contract to be considered
credible, and that contracts can’t be refused for simply being electronic. They can
be seen as such as long as legally able individuals have reached an agreement,
whether by verbally agreeing, electronically or physically signing something. The
Electronic Commerce Act 2006 states that electronic contracts can’t be dismissed
for being electronic. To prove a valid contract, parties sometimes have to present
evidence in court. Leading digital transaction management solutions can provide
electronic records that are admissible in evidence, under UAE laws, to support the
existence, authenticity and valid acceptance of a contract.
Types of E Signature
The UAE Electronic Transactions Law defines an “Electronic Signature” as “any
letters, numbers, symbols, voice or processing system in electronic form applied
to, incorporated in, or logically associated with an electronic message with the
intention of authenticating or approving the same.”
Unique to the person using it.
Capable of identifying such person.
Was, at the time of signing, under the sole control of the signatory in terms of the
creation data and the means used; and
Linked to the electronic record to which it relates in a manner which provides
reliable assurance as to the integrity of the signature such that if the record was
changed the electronic signature would be invalidated.
The DIFC Electronic Transactions Law defines an “electronic signature” as an
“electronic sound, symbol or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign the record.”
Unlike the UAE Electronic Transactions Law, the DIFC Electronic Transactions Law
does not recognize or afford greater validity to electronic signatures created using
a secure authentication procedure.

Use Cases for eSignatures

Use cases where an SES is typically appropriate include:
Speedy HR document preparation with preapproved templates, easy update of
each employee, new employee onboarding processes as well as 360-degree view
of employee files.
End user agreements including sales & service terms, new retail account opening
documents, invoices, shipment details, user manual, EULAs, policies
Use Cases that are not appropriate for Electronic Signatures
Use cases that are specifically barred from digital or electronic processes or that
include explicit requirements, such as handwritten (e.g., wet ink) signatures or
formal notarial process that are not usually compatible with electronic signatures
or digital transaction management.
Notarization or handwritten - documents with formal notarization requirements
Notarization - family law contracts (marriage, divorce, wills, etc.) (Electronic
Commerce Law, Article 2)
Notarization or handwritten - deeds of title to real property (Electronic Commerce
Law, Article 2)
Notarization or handwritten - negotiable instruments (Electronic Commerce Law,
Article 2)
Notarization or handwritten - transactions involving the sale, purchase, lease (for
a term of more than 10 years) and other disposition of real property and the
registration of other rights relating to real property (Electronic Commerce Law,
Article 2)
Notarization or handwritten - employment agreements which must be filed with
the Ministry of Labor
Notarization or handwritten - securitization documents
Notarization or handwritten - termination notices
Notarization - corporate articles
Notarization or handwritten - any other documents or transactions exempted by
special provision of law