Are electronic signatures legal in Iran? What are the main laws regulating electronic signatures?
Electronic signatures are legal in Iran. Electronic signatures in Iran are primarily governed by the Electronic Commerce Law (ECL), enacted in 2004.
What types of electronic signatures are recognised in Iran? What are the respective requirements for each?
Iran recognises two types of electronic signatures: Electronic Signatures and Secure Electronic Signatures.
1.Electronic Signature
An electronic signature is any mark attached to or logically associated with a data message, which can be used to identify its signatory.
eSignGlobal's default electronic signature offering can satisfy the Iranian requirements for an Electronic Signature
2.Secure Electronic Signature
Pursuant to Article 10 of the Electronic Commerce Law, a Secure Electronic Signature must meet the following requirements:
It is unique to the signatory;
It is capable of identifying the signatory of the data message;
It is created by the signatory or under their volition;
Any subsequent alteration to the data message is detectable and identifiable.
A Secure Electronic Signature is essentially a type of digital signature that utilizes Public Key Infrastructure (PKI), involving public and private keys, and relies on Certification Service Providers (CSPs) to generate and manage these secure signatures.
With regard to the validity of Secure Electronic Signatures, Article 15 of the Electronic Commerce Law stipulates that the validity of secure data messages, secure electronic records, and secure electronic signatures shall not be questioned or denied; only allegations of forgery of the data message or legal grounds proving its invalidity may be considered.
Signatures provided by eSignGlobal, through integration with local recognised trust service providers, can meet the Iranian requirements for a Secure Electronic Signature
In which situations can electronic signatures not be used in Iran?
Electronic signatures cannot be used for the following instruments or in the following scenarios:
Pursuant to Article 6 of the Electronic Commerce Law, where the law requires a document to be in writing, a data message can substitute for it, except in the following cases:
Documents of title to immovable property;
The sale of medical materials to end consumers;
Announcements, notices, warnings, or similar declarations regarding the use of goods, the prohibition of certain methods [of use/production/etc. related to goods], or the non-use of certain methods [related to goods].
★Disclaimer：
The Content of this page is for reference only. It aims to provide background information on the legal framework of the national electronic signature. Please note that the contents of this page do not constitute legal advice and should not be used or relied on as legal advice. For any legal questions concerning your use of electronic signatures in a particular jurisdiction, we recommend that you consult the relevant legal counsel.eSginGlobal Do not be liable for any express, implied or statutory representations or warranties of this page or the materials thereon, including, but not limited to, representations, guarantees or warranties of merchantability, applicability or accuracy for a particular use.