Are electronic signatures legal in Kuwait? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Kuwait, and Kuwait’s electronic signatures are primarily regulated by the Electronic Transactions Law of 2014 (referred to as “ETL”) and the Implementing Regulations (referred to as “ER”).

What types of electronic signatures are recognized in Kuwait? What are the respective requirements?

Kuwait recognizes two types of electronic signatures, namely electronic signatures and secure electronic signatures.

1. Electronic Signatures

   ETL defines electronic signatures as “data existing in the form of letters, numbers, symbols, signs, or other forms. This type of data must be listed in electronic documents or records through electronic, digital, optical, or other means, attached or associated with it. The data has the characteristic of identifying and distinguishing the person who signs the document or record.”

   By default, eSignGlobal electronic signatures can meet Kuwait’s requirements for electronic signatures

2. Secure Electronic Signatures

Secure electronic signatures are a more secure form of electronic signatures and should meet the following conditions:

• Able to identify the signatory;

• Restrict the signature to the signatory only;

• The signature is implemented under a secure signature tool independently controlled by the signatory;

• Able to detect any changes in the data related to the secure signature or the relationship between the signatory and the date.

When relying on secure electronic signatures, the parties must confirm their authenticity. This requires the use of electronic signature verification data (including the signature must be associated with an electronic authentication certificate issued by an authorized certification service provider) in accordance with the procedures specified in Article 5 of the (ER).

In which scenarios can electronic signatures be used in Kuwait?

Electronic signatures can be used in the following scenarios, but not limited to:

• Contracts

• Employment agreements

• Business transactions

• Financial transactions

In which scenarios is a traditional signature required in Kuwait?

Traditional signatures are usually required in the following scenarios:

• Transactions and issues related to personal identity, donations, and wills

• Deeds of title to real property and the original or consequential property rights arising therefrom

• Promissory notes and negotiable bills of exchange

• Any event that the law requires to be expressed in a written document or certified before a notary public or whose formulation is subject to specific provisions of another law