Article 10 of the Saudi Electronic Transactions Law
المادة 10 من نظام التعاملات الإلكترونية · الفصل الثالث: انعقاد التعامل الإلكتروني
Offer 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.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يجوز التعبير عن الإيجاب والقبول في العقود بوساطة التعامل الإلكتروني ، ويعد العقد صحيحًا وقابلا للتنفيذ متى تم وفقًا لأحكام هذا النظام.
2- لا يفقد العقد صحته أو قابليته للتنفيذ لمجرد أنه تم بوساطة سجل إلكتروني واحد أو أكثر.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 10 explained in plain English
This article establishes the validity of the electronic contract. A contract rests on an offer and an acceptance, and the article allows each of them to be expressed by electronic transaction, such as email, websites or apps.
Paragraph 1: offer and acceptance in contracts may be expressed electronically, and the contract is considered valid and enforceable if made in accordance with the provisions of the Law.
Paragraph 2: a contract does not lose its validity or enforceability merely because it was concluded through one or more electronic records. That a contract was concluded through a single message or a series of electronic messages is not in itself a ground for invalidating it.
Note, however, that the article does not say every electronic contract is valid in all cases; it requires that it be made in accordance with the provisions of the Law. This article is connected to Article 9 on proving electronic transactions, and to Article 11, which allows contracting through automated data systems.
Those who conclude important contracts electronically would do well to keep the records showing offer and acceptance, and to consult a lawyer specializing in electronic transactions and commercial disputes when drafting or disputing contracts.
Practical example
A supply company in Riyadh emailed a price quotation to a restaurant, and the restaurant owner replied with a message accepting the offer. The contract is valid and enforceable if made in accordance with the provisions of the Law, and neither party may claim it is void merely because it was made through electronic messages.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 10 of the Saudi Electronic Transactions Law
Is an electronic contract valid and binding?
Yes. A contract is valid and enforceable if made in accordance with the provisions of the Electronic Transactions Law.
Can an offer be accepted by email?
Yes. Offer and acceptance in contracts may be expressed by electronic transaction.
Is a contract void because it was made through several electronic messages?
No. A contract does not lose its validity or enforceability merely because it was concluded through one or more electronic records.
More articles on The Electronic Contract
- Article 11
Contracts 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.
1- يجوز أن يتم التعاقد من خلال منظومات بيانات إلكترونية آلية أو مباشرة بين منظومتي بيانات إلكترونية أو أكثر تكون معدة ومبرمجة مسبقًا للقيام بمثل هذه المهمات بوص
- Article 12
An 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.
يعد السجل الإلكتروني صادرًا من المنشئ إذا أرسله بنفسه، أو أرسله شخص آخر نيابة عنه، أو أرسل بوساطة منظومة آلية برمجها المنشأ لتعمل بشكل تلقائي بالنيابة عنه، ولا
- Article 13
An 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.
1- يعد السجل الإلكتروني قد أرسل عندما يدخل منظومة بيانات لا تخضع لسيطرة المنشئ، وتوضح اللائحة المعايير الفنية لمنظومة البيانات، وطريقة تحديد وقت ومكان إرسال الس
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.