Article 12 of the Saudi Electronic Transactions Law
المادة 12 من نظام التعاملات الإلكترونية · الفصل الثالث: انعقاد التعامل الإلكتروني
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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 يعد الوسيط منشئًا للسجل، وتحدد اللائحة الإجراءات والأحكام المتعلقة بذلك.
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 12 explained in plain English
This article answers an important question in disputes: when is an electronic record attributed to its originator? The originator, according to Article 1, is a person other than an intermediary who sends an electronic transaction.
An electronic record is treated as issued by the originator in three cases:
- if the originator sent it personally;
- if another person sent it on the originator's behalf;
- if it was sent by an automated system programmed by the originator to operate automatically on their behalf, such as messages and notifications a company's system sends automatically.
By contrast, an intermediary is not the originator of the record. An intermediary, according to Article 1, is a person who receives the electronic transaction from the originator and delivers it to another person or provides other services related to it, such as an email service provider or a message-transmission platform. Merely transmitting a message does not make the intermediary its author.
The article provides that the Implementing Regulations specify the related procedures and provisions, so the practical details are not to be taken from this article alone.
This article is connected to Article 11, which allows contracting through automated systems, and to Article 13, which determines when an electronic record is sent and acknowledged as received.
Practical example
The manager of a company in Jeddah told his secretary to email a price quotation to a client on his behalf. The quotation is treated as issued by the manager as originator, and the email service company that carried the message is not its originator because it is an intermediary.
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 12 of the Saudi Electronic Transactions Law
Is a message my employee sent on my behalf attributed to me?
Yes. An electronic record is treated as issued by the originator if another person sent it on their behalf.
Are automated messages attributed to the company that programmed the system?
Yes. If a record is sent by an automated system the originator programmed to operate automatically on their behalf, it is treated as issued by the originator.
Is a message-transmission service provider the originator of the message?
No. The article provides that an intermediary is not the originator of the record.
More articles on The Electronic Contract
- Article 10
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.
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
- 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 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.