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

Electronic signatures are legal in Bahrain, and Bahrain’s electronic signatures are primarily regulated by the Electronic Communications and Transactions Act of 2018.

What types of electronic signatures are recognized in Bahrain? What are the requirements for each?

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

1. Electronic Signature

   An electronic signature is defined as “electronic form data in, attached to, or logically associated with an electronic record, which can be used to identify the signatory associated with the electronic record and indicate the signatory’s intent regarding the information contained in the electronic record.”

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

2. Secure Electronic Signature

   Secure electronic signature: an electronic signature with the following characteristics:

• Uniquely linked to the signatory;

• Capable of identifying the signatory;

• Created using data created by the electronic signature, which the signatory can use with high confidence under their sole control;

• Linked to the electronic record it signs in a manner that any subsequent changes to the electronic record can be detected;

• Created by a secure electronic signature creation device, issued by a recognized service provider for this purpose, and based on a secure electronic signature.

  Presumptive effect of secure electronic signatures:

  Any electronic record signed with a secure electronic signature certificate shall be presumed, until evidence to the contrary is presented, to be:

• The electronic signature is the signature of the person associated with the certificate;

• The electronic signature is affixed by the person specified in the certificate to sign the electronic record; and

• The electronic record has not been altered since the specific point in time when the electronic signature was affixed.

  Signatures provided by eSignGlobal after integrating local trusted service providers can meet Bahrain’s requirements for qualified electronic signatures

  In which scenarios can electronic signatures be used in Bahrain?

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

• Contracts and agreements: business contracts, employment agreements, and service contracts

• Human resources documents: non-disclosure agreements (NDAs)

• Business transactions: purchase orders, sales agreements, and supplier contracts

  In which scenarios is a traditional signature required in Bahrain?

  Traditional signatures are typically required in the following scenarios:

• Notarization required: transfer of real estate title deeds, granting powers of attorney, signing the articles of association of a limited liability company and any amendments thereto, etc.