Is electronic signature legal in Algeria? What laws mainly regulate electronic signatures?

Electronic signatures are legal in Algeria, and Algerian electronic signatures are mainly regulated by the “General Provisions on Electronic Signatures and Certification” (referred to as Law No. 15-04).

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

Algeria recognizes two types of electronic signatures, namely electronic signatures and qualified electronic signatures.

1. Electronic Signature

Law No. 15-04 defines electronic signature as: “A set of attached or logically associated electronic data used as a method to verify the identity of the signatory and their acknowledgment of the content of the electronic text.”

Law No. 15-04 does not limit any document signed electronically, regardless of whether it is signed in a qualified manner (using a qualified electronic certificate). The law even stipulates that any document sent or received electronically does not lose its legal effect. However, when a document requires a handwritten signature, it can be legally and effectively replaced by a qualified electronic signature.

2. Qualified Electronic Signature

In Algeria, the text attributes and equivalent quality to handwritten signatures only apply to the unique qualified electronic signature (thanks to the qualified electronic certificate), while not depriving all other electronic signatures of their legal effect, unless, at its origin, the signature is conditioned by its manuscript characteristics, in which case only a certified electronic signature can ensure this effect (Articles 7, 8, and 9).

Article 7 stipulates that to qualify an electronic signature as a qualified electronic signature, the following main requirements must be met:

• Based on a qualified electronic certificate,

• Designed using secure electronic signature creation means to detect any subsequent modifications to the data,

• Created through means that can be exclusively controlled by the signatory.

In which scenarios is traditional signature required in Algeria?

Traditional signatures are typically required in the following scenarios:

• Notarial acts, where the law requires the physical presence of a witness to verify the validity of the document’s signature;

• Documents that require the attachment of a wet stamp