Electronic Signatures in Egypt | Legal Validity Under Law 15 of 2004

E-signature as Legal Guarantee for Commercial Contracts in Egypt

Commercial e-contracts are no longer an exceptional option. Rather, they have become a legal
and economic reality imposed by digital transactions and the accelerating pace of online
commerce. With this transformation, e-signatures have emerged as a pivotal legal tool that serves
the same function as traditional signatures. They prove consent and attribute the document to its
author, ensuring the stability of commercial transactions.
The Egyptian lawmakers kept pace with this change by issuing Law 15 of 2004 on Electronic
Signatures. This law establishes a comprehensive legal framework that recognises the validity of
e-documents and e-signatures, which are given the same legal weight as traditional and official
documents when they meet the legal and technical requirements. This regulation is particularly
important in commercial contracts, where transactions are marked by speed, trust, and mutual
reliance between the parties.
This paper discusses the extent to which e-signatures are considered a legal guarantee for
commercial contracts in Egypt. It analyses relevant legislative texts and outlines the conditions
for the validity and admissibility of e-signatures. It also highlights their role in protecting e-
commerce transactions and promoting trust in the digital business environment.
 An electronic signature is placed on a digital document and takes the form of letters, numbers,
symbols, signs, or other characters. It has a unique character enabling the identification of the
signatory.
 E-signatures have the same legal effect as traditional signatures, the most important
of which are:
1. Identifying the contractor and the signatory of the contract.
2. Expressing his willingness to comply with the terms of the contract.
3. Ensuring the integrity of the digital document from any subsequent modification by parties
other than its owners.
Therefore, an e-signature is not merely a technical means, but rather a legal tool with a direct
effect on the conclusion of a commercial contract and its legal consequences.
 The legislative basis for the recognition of e-signatures in Egypt:
The Egyptian lawmakers recognized the legal validity of e-signatures under Law 15 of 2004
(“Law”) and its Executive Regulations. Specifically, Article 14 of Law 15 of 2004 states that:

To be considered an electronic signature in civil, commercial, and administrative transactions
with the same legal effect as signatures under the provisions of the Evidence Law in civil and
commercial matters, an electronic signature must be created and completed in accordance with
the conditions outlined in this Law and the technical rules and regulations specified in the
Executive Regulations of this Law.
Article 9 of the Executive Regulations of Law 15 of 2004, issued by Resolution 109 of 2005,
stipulates that:
From a technical and technological standpoint, the electronic signature is linked to the website
only if the e-signature is based on an e-signature data creation system and one of the following
two requirements is met:
1. This e-signature must be linked to a valid and effective online certification issued by a
licensed or accredited online certification authority.
2. The authenticity of the e-signature must be verified.
 The law delegates to the Information Technology Industry Development Agency (ITIDA) the
task of regulating and accrediting e-certification authorities, thereby enhancing confidence in the
integrity of e-signatures used in commercial contracts.
 Requirements for an electronic signature to be valid as a legal guarantee.
To ensure that e-signatures are legally admissible and serve as a genuine guarantee of the
stability of commercial contracts executed online, Egyptian lawmakers have established several
controls and requirements, as set out in the Electronic Signature Law 15 of 2004. These are as
follows:
1- E-signature is linked to the website.
2- The website alone has control over the electronic medium.
3- Detection of any modification or alteration in the e-document data or e-signature.
4- Using a licensed e-certification authority by ITIDA, whereby the identity of the signatory
and the integrity of the signature are verified.
 Admissibility of e-contracts as evidence:
 Article 15 of Law 15 of 2004, as stipulated in Article 8 of the Executive Regulations of the
Law, states that:
E-documents, in the context of civil, commercial, and administrative transactions, shall only
have the same legal effect as official or customary documents and instruments under the
provisions of the law of evidence in civil and commercial matters, if the following technical
and technological controls are in place:
1. It shall be technically possible to determine the time and date of creation of official or
customary e-documents and instruments. This shall be made possible through an independent

digital storage system that is not subject to the control of the creator of such a document,
instrument, or the concerned party.
2. It should be technically possible to determine the source of the creation of official or
customary e-documents and instruments, and the degree of control of their creator over this
source and over the media used in creation.
3. If official or customary e-documents are created and issued without human intervention,
either partially or completely, the authenticity shall be verified when it is possible to verify
the time and date of their creation and that these documents or instruments have not been
tampered with.
 The Law of Evidence in Civil and Commercial Matters 25 of 1968 also attaches particular
importance to written evidence, with Article 61 stipulating that witness testimony is not
admissible if it contradicts or exceeds the content of written evidence. This means that once it
has been proven that the document was issued by the relevant person, it is considered
conclusive evidence within the limits of its content, and its legal effect cannot be nullified or
denied by lesser means of proof.
Consequently, when an e-commercial contract is established by an e-instrument with a valid
electronic signature, in accordance with the Electronic Signature Regulation Law, it shall
have the same legal effect as traditional written documents and may only be challenged by
the same legal means.
 The role of e-signatures in maintaining trust and stability in commercial
transactions.
E-signatures play a pivotal role in maintaining trust and stability in commercial transactions.
They are a legal tool that guarantees the owner's right to dispose of the document and proves
their intention beyond doubt, thereby preventing denial or claims of ignorance of the contract's
contents. E-signatures also help protect digital documents against tampering or unauthorized
modification. They establish legal certainty between parties in a commercial relationship,
especially in remote transactions where the parties are not physically present. This will enhance
legal certainty in the e-commerce environment, thereby supporting mutual trust between parties
and encouraging the expansion of electronic means as a secure and effective alternative to
traditional contracts.

In conclusion, from the legislative and judicial analysis, it is clear that e-signatures are no longer
just a technical tool. Instead, they've become a basic legal guarantee for stable commercial
transactions in Egypt, putting e-documents on the same footing as traditional documents for
evidentiary purposes, as they meet the legal and technical requirements set out in Law 15 of
2004. The Egyptian judicial system has recognized digital evidence and acknowledged its
admissibility as long as it is consistent and complies with legal regulations, which enhances legal
confidence and encourages the expansion of e-commerce.

In this context, the professional practices of expert law firms and institutions, such as Sadany &
Partners Law Firm, play an important role in supporting clients by providing comprehensive
legal advice, representing them before courts and authorities, and ensuring compliance with
advanced legal rules in contracts and digital data. This contributes to creating a more secure and
stable digital contractual environment.