Prof. Mahmoud Abdel Rahman Mohamed
Professor of Civil Law – Kuwait International Law School

Abstract:

The purpose of this research is to determine the extent of the authority of electronic documents and electronic signatures in establishing civil, commercial and administrative transactions in accordance with the Kuwaiti Electronic Transactions Law No. (20) of 2014, in comparison with some Arab and foreign laws and the UNCITRAL Model Law.
The aim of this research is to indicate the compatibility and harmony between the provisions of Kuwaiti law and the comparative laws in regards to this topic, and then making observations on the current texts of this law, if necessary, and submitting proposals to amend them so as to provide a sufficient degree of security in electronic documents and electronic signatures, and preventing any manipulation, distortion, or alteration of their contents.
The study plan is divided into two sections: the first is entitled “Authority of the Electronic Document as an Evidence” and the second is entitled “ Authority of Electronic Signature as an Evidence.” They are preceded by a preliminary study showing the explicit recognition of comparative laws of the authority of the electronic document and the electronic signature as an evidence, and equates them, in this regard, with the paper document and the traditional signature, if they meet the conditions and controls provided for verifying their validity.
The first section deals with two issues: the first is the concept of the electronic document and the difference between it and the electronic writing; the second is the conditions of the electronic document’s authority as an evidence in accordance with Article (9) of the Electronic Transactions Law and its counterpart in the comparative laws, which, when provided, can enable the electronic document to perform the same role as the paper document in proving legal actions.
The second section deals with two issues: the first is the concept of electronic signature and its types; the second is the conditions of the electronic signature’s authority as an evidence in accordance with Article (19) of the Kuwaiti Electronic Transactions Law and its counterpart in the comparative laws, which, when met, can enable the electronic signature to perform its full role as an evidence, in a manner similar to the traditional signature.
The research concludes that there is a great deal of similarity between the provisions of the Kuwaiti Electronic Transaction Law and the provisions of the comparative laws in granting the electronic document and the electronic signature the authority as an evidence in civil, commercial and administrative transactions, and that the recognition of this authority enables and facilitates the completion of electronic transactions, especially commercial transactions, and that if the conditions and technical controls required are taken into consideration, this will achieve a great deal of security for their clients, which makes them confident in the validity of their transactions and maintaining their secrets and privacy.

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