Are electronic signatures legal in Egypt? Which laws primarily govern electronic signatures?
Electronic signatures are legal in Egypt. They are primarily regulated by Law No. 15 of 2004 on Electronic Signatures and the Electronic Signature Executive Regulations No. 361 of 2020.
What is an electronic signature in Egypt?
According to Egypt’s Electronic Signature Law, an “electronic signature” refers to a combination of letters, numbers, characters, symbols, or other elements that are unique and serve to identify the individual signing a document, distinguishing them from others.
What conditions must an electronic signature meet to be valid in Egypt?
In Egypt, a valid electronic signature must meet the following conditions:
● The electronic signature must be exclusive to the signer.
● The signer must have sole control over the electronic medium.
According to the provisions of the Electronic Signature Executive Regulations, an electronic signature must establish a unique connection with the signer and must satisfy the first condition along with either the second or third condition below:
● The system generating the electronic signature creation data must be secure.
● The signature must be linked to a valid electronic certification certificate issued by a licensed electronic certification authority.
● The authenticity of the signature must be verifiable under Article 8 of the Electronic Signature Executive Regulations.
● Any modification or substitution of data in the electronic writing or electronic signature must be detectable.
A Qualified Electronic Signature (QES) is currently the only type of electronic signature admissible in Egyptian courts. A QES adheres to specific government standards, such as the use of secure signature creation devices. Additionally, it must be certified as “qualified” by the government or an authorized third party.
Egyptian law recognizes locally certified Qualified Electronic Signatures (QES) provided by the Information Technology Industry Development Agency (“ITIDA”) as enforceable, and they are automatically accepted as evidence under Articles 14 and 15 of the Electronic Signature Law. However, other signatures may also be enforceable as long as they meet the validity requirements under Egyptian law (exclusive to the signer, sole control by the signer over the medium, and detectability of data changes).
Signatures provided by eSignGlobal through integration with local trusted service providers can meet Egypt’s requirements for electronic signatures.
In which cases are electronic signatures not suitable in Egypt?
Certain processes requiring formal notarization are not suitable for electronic signatures, such as:
● Real estate transfer contracts and deeds
● Transfer of intangible assets
★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.