In force Last amended 1/8/1436 AH
Saudi Electronic Transactions Law
نظام التعاملات الإلكترونية
The law covers its objectives and scope, the legal effects of electronic transactions, records and signatures, formation of electronic transactions, electronic signatures, the competences of the Ministry and the Authority, the National Center for Digital Certification, duties of certification service providers, certificate holders' responsibilities, and violations and penalties.
- Articles
- 31
- In force
- 31
- Amended
- 1
- Issued
- 8/3/1428 AH
Issued by: مرسوم ملكي رقم م/18 بتاريخ 8 / 3 / 1428 · قرار مجلس الوزراء رقم 80 بتاريخ 7 / 3 / 1428
Each article shows the official Arabic text, which is the only legally binding version, followed by our plain-English explanation.
Browse Electronic Transactions Law by topic
Scope of the Electronic Transactions Law7 articlesEvidentiary Weight of Electronic Records5 articlesThe Electronic Contract4 articlesThe Electronic Signature3 articlesCertification Services and Digital Certificates9 articlesObligations of the Digital Certificate Holder1 articleElectronic Forgery and Its Penalty5 articles
Articles of the Saudi Electronic Transactions Law
الفصل الأول: أحكام عامة: تعريفاتArticles 1–4
- Article 1The article defines the key terms used in the Electronic Transactions Law, such as electronic record, electronic signature, digital certification certificate and certification services provider.
- Article 2The article sets out the objectives of the Electronic Transactions Law: unifying its rules, building confidence in it, facilitating its use, removing obstacles to it, and preventing its misuse and fraud.
- Article 3The article defines the Law's scope: it applies to electronic transactions and signatures and excludes personal status transactions and the issuance of deeds for real estate dealings, unless the responsible authority allows them to be carried out electronically.
- Article 4The Law does not oblige anyone to deal electronically without their express or implied consent, but a government body's consent must be express, and additional conditions may be set that do not conflict with the Law.
الفصل الثاني: الآثار النظامية للتعاملات والسجلات والتوقيعات الإلكترونيةArticles 5–9
- Article 5The article gives electronic transactions, records and signatures binding authority, so their validity may not be denied or their enforcement prevented merely because they are electronic, provided they meet the Law's conditions.
- Article 6Where a law requires a document or information to be retained, the requirement is met by retaining or sending it as an electronic record under conditions that ensure the integrity of its content, its retrievability, and the identity of the originator and addressee and the timing.
- Article 7Where a law requires a document or information provided to another person to be in writing, providing it in electronic form satisfies this once the retention conditions in paragraph 1 of Article 6 are met.
- Article 8An electronic record is an original in itself when technical means and conditions are used that confirm the integrity of its information from its creation in final form and allow it to be displayed on request; the Regulations specify these.
- Article 9The article sets out when an electronic transaction or signature is accepted as evidence or as a presumption, presumes its integrity unless the contrary appears, and gives the criteria for assessing its authority.
الفصل الثالث: انعقاد التعامل الإلكترونيArticles 10–13
- Article 10Offer and acceptance may be expressed electronically, and a contract is valid and enforceable if made in accordance with the Law; it does not lose validity merely because it was concluded through one or more electronic records.
- Article 11Contracts may be made through automated electronic data systems programmed in advance without direct human intervention, and between an automated system and a natural person who knows, or is presumed to know, that they are dealing with it.
- Article 12An electronic record is treated as issued by the originator if the originator sent it personally, someone else sent it on their behalf, or an automated system they programmed sent it; an intermediary is not the originator.
- Article 13An electronic record is treated as sent when it enters a data system outside the originator's control; the Regulations set the technical criteria, the time and place of sending and receipt, and the form of acknowledgment unless the parties agree.
الفصل الرابع: التوقيع الإلكترونيArticles 14–14
الفصل الخامس: اختصاصات الوزارة والهيئةArticles 15–15
الفصل السادس: المركز الوطني للتصديق الرقميArticles 16–17
- Article 16The article establishes a National Center for Digital Certification in the Ministry to oversee the tasks of issuing and managing digital certification certificates, and refers the details of its seat, composition and competences to the Regulations.
- Article 17The National Center for Digital Certification is competent to approve digital certification certificates issued by foreign bodies, which are treated like their domestic counterparts in accordance with the Regulations' controls and procedures.
الفصل السابع: واجبات مقدم خدمات التصديق ومسؤولياتهArticles 18–21
- Article 18The article lists eight obligations of a certification services provider, including prior licensing, issuing and protecting certificates, an accessible database, confidentiality, and handing documents to the Authority when its activity stops.
- Article 19A certification services provider may not stop its licensed activity, assign its license or merge into another entity without the Authority's prior written approval, in accordance with the Regulations' procedures.
- Article 20A certification services provider guarantees the validity of the certified information in the certificate at the time of delivery and the validity of the link between the holder and their electronic data, and is liable for harm to anyone who relied on it in good faith.
- Article 21A certification services provider must revoke or suspend a certificate at its holder's request or in the cases the Regulations set, notify the holder immediately and lift the measure when its cause ends, and is liable for harm to good-faith persons.
الفصل الثامن: مسؤوليات صاحب الشهادةArticles 22–22
الفصل التاسع: المخالفات والعقوباتArticles 23–27
- Article 23The article lists ten acts that violate the Law, including practicing certification without a license, disclosing information, electronic forgery, accessing another's signature system, and impersonation.
- Article 24The article punishes anyone committing a violation in Article 23 with a fine of up to SAR 5,000,000 or imprisonment of up to 5 years, or both, with possible confiscation of devices and publication of a summary of the judgment.Amended M/57
- Article 25The Authority, in coordination with the relevant bodies, detects and inspects the Article 23 violations and records them in a report; it may seize the devices, systems and programs used pending determination, and the Governor designates the competent employees.
- Article 26The report detecting the violations in Article 25 is referred to the Bureau of Investigation and Public Prosecution to conduct the investigation and prosecution in accordance with its law before the competent judicial body.
- Article 27Anyone harmed by violations of the Law, or by failure to comply with its controls and obligations, retains the right to bring a case before the competent judicial body to claim compensation.
الفصل العاشر: أحكام ختاميةArticles 28–31
- Article 28Applying the Electronic Transactions Law does not prejudice the provisions of related laws, especially intellectual property rights and the relevant international agreements to which the Kingdom is a party.
- Article 29Personnel of the Ministry, the Authority and the Center must keep confidential the information of certification services providers and their customers that they learn through their work, and may not disclose it except in cases provided by law.
- Article 30The Minister of Communications and Information Technology issues the Law's Implementing Regulations on the Authority's proposal within 120 days of the date the Law was issued.
- Article 31The Electronic Transactions Law takes effect 120 days after the date of its publication in the Official Gazette.
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