Revising the Saudi Electronic Transactions Law on E-Signatures

Abstract

Acknowledging the ever-increasing significance of the Kingdom of Saudi Arabia in the global e-commerce market, this article critically examines the e-signature regime of the 2007 Saudi Electronic Transactions Law and its implementing regulation. In doing so, it considers the evolution of the European regime on e-signatures, from Directive 1999/93/EC to Regulation (EU) No 910/2014 (the eIDAS Regulation). The article primarily concludes that the Saudi legislature’s approach to e-signatures has been overly restrictive and calls for different, permissive and careful consideration.

Index words: Electronic signature, e-commerce, e-transactions, Saudi Arabia, European Union, eIDAS Regulation, comparative analysis.