Introduction
The growing digitization of commerce and government services in the United Arab Emirates ("UAE") has necessitated the development of robust legal frameworks to support electronic signatures and digital trust services. The UAE recognizes the validity of electronic signatures under specific legislative instruments, making the country a leading digital economy in the Middle East. The principal legislation governing electronic signatures is Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services (the "ETTS Law").1
Legal Framework
Under Article 6 of the ETTS Law, an "electronic signature" is defined as "any form of electronic signature attached to or logically associated with an electronic document that can be used to establish the identity and intent of the signatory".2 The law explicitly states that an electronic signature shall have the same legal effect as a handwritten signature, provided that it meets the requirements of authentication, intent, and integrity. Article 7 of the law states that "An electronic signature shall not be denied legal effect or enforceability solely because it is in electronic form".3
This aligns the UAE's approach with international best practices such as the UNCITRAL Model Law on Electronic Signatures, which also provides functional equivalence between handwritten and electronic signatures.4
Key requirements for validity
According to Article 8 of the ETTS Law, for an electronic signature to be valid, it must:
- Be uniquely linked to the signatory;
- Be capable of identifying the signatory;
- Be created using means under the sole control of the signatory; and
- Be linked to the data signed in such a way that any subsequent change is detectable.5
These criteria are technically aligned with the European Union's eIDAS Regulation, indicating that the UAE aims to meet international standards in secure digital identification and trust services.6
Categories of Electronic Signatures
The UAE law differentiates between three types of electronic signatures:
- Standard electronic signatures
- Advanced electronic signatures
- Qualified electronic signatures
Qualified electronic signatures must be issued by Trust Service Providers ("TSPs") accredited by the Telecommunications and Digital Government Regulatory Authority ("TDRA").7
Qualified electronic signatures enjoy a presumption of reliability under Article 11 of the ETTS Law, meaning they are presumed valid unless proven otherwise. In contrast, standard electronic signatures require further evidence to establish authenticity and intent in case of disputes.
Admissibility and Enforceability
Under UAE law, electronic signatures are admissible in evidence in both civil and commercial courts. Article 19 of the ETTS Law affirms that electronic records and signatures may be used as evidence, provided that the method used for their creation ensures the integrity and reliability of the signature. This provision is reinforced in Federal Law No. 10 of 1992 (UAE Civil Procedure Law), which permits electronic evidence in judicial proceedings, subject to judicial scrutiny.8
In the Dubai International Financial Centre ("DIFC"), the DIFC Electronic Transactions Law No. 2 of 2017 governs electronic signatures. Section 8 confirms that a transaction is not invalid merely because it is conducted in electronic form, and Section 9 provides legal recognition to electronic signatures, provided they satisfy intent and authentication requirements.9
Use Cases and Sector-Specific Applications
Electronic signatures are increasingly used in sectors such as financial services, real estate, healthcare, and government e-services. The UAE's Digital Government Strategy 2025 encourages digital transformation through legally valid trust services.10
However, certain exceptions exist. For example, documents related to personal status matters (e.g., marriage, divorce, wills) or those that require notarization under UAE law may not be signed electronically unless permitted by specific regulations11
Cross-Border Recognition
Article 17 of the ETTS Law permits the recognition of foreign electronic signatures, provided they meet security and reliability standards equivalent to those in the UAE. This facilitates cross-border trade and legal certainty for international agreements, particularly with countries that adhere to similar standards, such as those under eIDAS or UNCITRAL frameworks.12
Conclusion
The UAE has established a comprehensive legal regime that supports the validity and enforceability of electronic signatures across most domains of public and private transactions. With the enactment of the ETTS Law and support from regulatory bodies such as the TDRA, the UAE has aligned itself with international norms while maintaining jurisdictional flexibility. The categorization of electronic signatures and the recognition of qualified signatures by accredited trust providers ensure both security and usability. As digital adoption continues to expand, electronic signatures will remain a critical tool in the UAE's e-governance and digital economy strategy.
Footnotes
1 Federal Decree-Law No 46 of 2021 on Electronic Transactions and Trust Services, Official Gazette Issue 713 (UAE).
2 Ibid (art 6).
3 Ibid (art 7).
4 UNCITRAL, Model Law on Electronic Signatures (2001) UN Doc A/56/17, Annex II.
5 Federal Decree-Law No 46 of 2021 (n 1), art 8.
6 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market [2014] OJ L257/73 (eIDAS Regulation).
7 Telecommunications and Digital Government Regulatory Authority (TDRA), Electronic Trust Services Framework (2022).
8 Federal Law No 10 of 1992 (UAE Civil Procedure Law).
9 DIFC Law No 2 of 2017, Electronic Transactions Law.
10 Telecommunications and Digital Government Regulatory Authority (TDRA), UAE Digital Government Strategy 2025 (2021).
11 Federal Decree-Law No 46 of 2021 (n 1), art 20.
12 Ibid (art 17).
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