The Electronic Signature Law is one of the fundamental legal frameworks that support the digital transformation in the country. Law No. 15 of 2024 was issued to regulate electronic signatures and establish the Information Technology Industry Development Authority (ITIDA) as the entity responsible for overseeing this process.
Objectives of the Law:
The law aims to achieve several key objectives:
- Regulating Electronic Transactions: The law allows the use of electronic means in the creation, exchange, and storage of documents, facilitating governmental, commercial, and administrative procedures.
- Ensuring Credibility and Security: The law provides a legal framework that ensures the credibility and security of electronic transactions, enhancing trust in the use of electronic signatures.
- Supporting Digital Transformation: The law supports digital transformation by enabling the use of information technology tools and applications in various fields.
Content of the Law:
The law includes several essential components:
- Electronic Signature: An electronic signature is defined as what is placed on an electronic document and takes the form of letters, numbers, symbols, or signals.
- Electronic Certification Certificates: Electronic certification certificates are issued by entities licensed by ITIDA to ensure the validity of electronic signatures.
- Crimes and Penalties: The law specifies penalties related to electronic crimes involving electronic signatures to ensure user protection.
Role of ITIDA:
ITIDA is the entity responsible for regulating electronic signatures in Egypt. It issues electronic certification certificates and regulates the work of entities providing electronic signature services. ITIDA also works on raising awareness about the importance of electronic signatures and their applications in various sectors.
Legal Validity of Electronic Signatures in Evidence:
Electronic signatures in civil, commercial, and administrative transactions have the same legal validity as handwritten signatures under the provisions of the Evidence Law, provided they are created and completed according to the conditions stipulated in the Electronic Signature Law and its technical and technological regulations.
Legal Validity of Electronic Documents in Evidence:
Electronic writing and documents in civil, commercial, and administrative transactions have the same legal validity as official and customary writings and documents under the Evidence Law, provided the conditions stipulated in the Electronic Signature Law and its technical and technological regulations are met. Additionally, a paper copy of an official electronic document has the same validity as the original electronic document to the extent that it matches the original.
Crimes and Penalties Stipulated by the Law:
The Electronic Signature Law includes a set of crimes and penalties to ensure the safety and security of electronic transactions, including:
- Forgery of Electronic Signatures: Anyone who forges an electronic signature or uses a forged electronic signature for fraud is subject to imprisonment for not less than one year and not more than five years, and a fine of not less than 50,000 EGP and not more than 200,000 EGP.
- Unauthorized Use: Anyone who uses an electronic signature without the owner’s permission, leading to a violation of privacy or causing financial or moral harm to the other party, is subject to imprisonment for not less than six months and not more than six years, and a fine of not less than 20,000 EGP and not more than 100,000 EGP.
- Misuse of Digital Certificates: Providers of certification services who issue incorrect or inaccurate digital certificates, misleading users or causing financial harm, are subject to imprisonment for not less than one year and not more than five years, and a fine of not less than 50,000 EGP and not more than 200,000 EGP.