eSignature Legality SummaryeSignatures are legally valid and admissible in the court of law. Kuwait follows a hierarchical root of trust model where eSignatures or digital signatures issued by a Certifying Authority are considered legally valid. Specific use cases for eSignatures are indicated in the ET Law.
The Electronic Transactions Law, Law No. 20 (established in 2014) highlights that a handwritten signature isn’t always needed for a contract to be considered credible and that contracts can’t be refused for simply being electronic. They’ll usually be seen as such as long as legally able individuals have reached an agreement (this can be by agreeing verbally, electronically or by physically signing something).
The ET Law sets up the legal requirements that must be met to render an electronic signature as legally binding as a written “wet ink” signature. Under the ET Law, an electronic signature is binding and admissible as evidence, if it complies with the provisions of Law Decree No. 39 of 1980 on Evidence in Civil and Commercial Matters, and certified by an electronic certification entity approved by the local authority.
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Use Cases for eSignatures ?
Use cases where an SES is typically appropriate include:
- Speedy HR document preparation with preapproved templates, easy update of each employee, new employee onboarding processes as well as 360 degree view of employee files.
- End user agreements including sales & service terms, new retail account opening documents, invoices, shipment details, user manual, EULAs, policies
Use Cases for Qualified Signatures ?
Use cases where an AES is typically appropriate include:
- Purchase, procurement and commercial agreements including invoices, trade and payment terms, certificates, NDAs, sales & distribution agreements, order acknowledgements.
- Real estate lease agreements for residential and commercial purpose
Use Cases that are not appropriate for Electronic Signatures
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.
- Transactions and Issues related to personal status, endowment, and wills;
- Real estate title deeds and the resulting original or consequential real rights;
- Promissory notes and negotiable bills of exchange; and
- Any event that the law requires to be expressed in a written document or to be documented or the making of which is subject to a specific provision of another law.
List of Local Trust Service Providers
|Institute||Regulatory Body/CA/DSC Providers||Supported by emSigner||Website|
|The Public Authority for Civil Information (PACI)||Controller of Certification Authorities||Yes||https://www.paci.gov.kw|
“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made
 An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.
 A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.