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

Electronic signatures are legal in Iraq, and Iraqi electronic signatures are primarily regulated by the Electronic Signature and Electronic Transactions Law No. 78 of 2012 (hereinafter referred to as “Law No. 78”).

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

Iraq recognizes two types of electronic signatures, namely electronic signatures and certified electronic signatures.

1. Electronic Signatures

An electronic signature is a personal mark in the form of letters, numbers, symbols, signs, sounds, or other things, with unique characteristics indicating that it belongs to the signatory, and it should be approved.

According to Article 4(1) of Law No. 78, if there is a way to determine the identity of the signatory and indicate that he/she agrees with the content described in the electronic document, and based on the agreement reached between the signatory and the recipient on how to conduct electronic transactions, the electronic signature should be considered valid and issued by the signatory.

2. Certified Electronic Signatures

According to Articles 4 and 5 of Law No. 78, if an electronic signature is approved by a certification authority and meets the following conditions, it has the exclusivity of evidence and has the same legal effect as a written signature:

• The electronic signature is only related to the signatory and not to others;
• The electronic medium should be controlled only by the signatory and not by others;
• Any modification or tampering with the electronic signature will be detected;
• The electronic signature is established based on the procedures determined by the ministry and the instructions issued by the minister.

In which scenarios can electronic signatures be used in Iraq?

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

• Contracts and agreements: commercial contracts, employment agreements, and service contracts
• Financial documents: loan agreements, investment documents, and financial reports
• Human resources documents: employee onboarding forms, non-disclosure agreements (NDAs), and performance reviews
• Business transactions: purchase orders, sales agreements, and supplier contracts.

In which scenarios may electronic signatures and electronic transactions not be applicable in Iraq?

The following scenarios may generally not be applicable for electronic signatures:

• Transactions related to personal identity matters and personal materials
• Establishing wills and donations, as well as modifying their terms
• Transactions related to real estate disposal, including related institutions and property certificates, as well as the establishment of real rights in real estate
• Transactions related to real estate disposal, including related institutions and property certificates, as well as the establishment of real rights in these real estate properties
• Transactions requiring the completion of specific procedures
• Court proceedings, judicial announcements, court notices, search warrants, and arrest warrants, as well as judicial decisions
• Any documents that must be certified by a notary public according to legal provisions