The ESCWA Cyber Legislation Digest
This directive is concerned with two aspects of e-Signatures and e-Transactions. On the one
hand, there is the legal aspect of their use. On the other, there is the technological aspect
related to such facilities as encryption systems, public and private key etc.
The issues researched and addressed by this directive include:
1.
Electronic signature, records and evidence. This covers regular and official records as
well as copies thereof. It also covers the specification of legal conditions that define
the authenticity of electronic records and their use as evidence. Also addressed are
the data elements and mechanisms to be used when using electronic signatures.
2.
The duties and responsibilities of the certification service provider or the owner of
the certification and the relying party. This also covers the regularization of the
procedures to be followed when issuing authenticated certificates.
3.
Legal recognition of countries outside the Arab region of electronic certification. This
also considers the issues resulting from authenticated certificates issued outside the
Arab region.
4.
Financial and banking transactions which covers all types of payment and transfer
orders, banking cards and automated withdrawals as well as electronic cash and
checks. Also addressed are the specifications of the information systems used for
such transactions and the responsibilities of the banks and financial institutions that
deal with such transactions and their obligation to safeguard the interests of their
clients.
Work was distributed under two sections. The first dealt with the legal aspects of electronic
transactions. The second dealt with the technological aspect specifically addressing
encryption systems, the use of public and private key as well as the identification of
authentication providers within European countries.
This directive identifies five chapters as follows:
Chapter 1:
Chapter 2:
Chapter 3:
Chapter 4:
Chapter 5:
General Provisions
Electronic Records and Signatures
The responsibilities of Authentication Service Providers, the owner of
the certificate and the relying party
Legal recognition of Authentication Certificates issued in Countries
outside the Arab Region
Banking and Financial Transactions
Their related sections and articles are listed in Appendix A.
Directive 3: e-Commerce and Consumer Protection
Over the past thirty years, commercial transactions occurred through direct or web based
connectivity. This consisted of the transfer and acceptance of documentation, electronically
such as invoices, payments or transfer orders, contracts and financial statements. The
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