The Role of Electronic Signatures in Consumer Protection: A Comparative Study

Fadila Yassad

doi:10.34174/ht93d715

Authors

Fadila Yassad Laboratory of Maritime Law and Maritime Ports in Algeria, University of August 20, 1955, Skikda (Algeria)

DOI:

https://doi.org/10.34174/ht93d715

Keywords:

Electronic signature, electronic consumer, e-commerce, electronic certification, probative force

Abstract

The tremendous development recently witnessed by humanity has led to a technological revolution that has transformed the world into a small village. With technological transformation, the forms and patterns of things have changed, casting its shadow on commercial activity and various business transactions. As a result, the concept of electronic signatures has emerged, which has become a means to extend legal protection to the electronic consumer.

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References

[01] Al-Aibouki, A. R. (2009). Electronic Signature in Gulf Legislation, A Comparative Study. Modern University Office.

[02] Article 1; No. 15. (2004). the Egyptian Electronic Signature Law.

[03] Article 1; No. 4. (2009, 02 25). the Syrian Electronic Signature Law.

[04] Article 2; No. 2 . (2002). the Dubai Electronic Transactions and Commerce Law.

[05] Caprioli, E. A. (1998). Security and Trust in Electronic Commerce. J.E Ped Générale.

[06] Fawaz, M., & Al-Matakah, M. (2008). A Brief on E-Commerce Contracts (01 ed.). Jordan: Dar Al-Thaqafa.

[07] Kahloun, M. A. (2022). Legal Aspects of Modern Communication Channels and Electronic Commerce. Issahamats for Institutional Literature Publishing House.

[08] Mahbubi, M., & Labboudi, H. (2005). E-Commerce, The Economic Environment of Business Projects. Al-Ishaa Journal(25).

[09] Mohamed, A. Z. (2002). Update on the Law of Evidence (The Status of Electronic Documents Among Written Evidence). Egypt.

[10] Nassif, E. (2009). The Electronic Contract, International Contracts in Comparative Law (01 ed.). Al-Halabi Legal Publications.

[11] Omar, M. B. (1997). The Evolution of Information Technology and Its Impact on Signatures. Thesis for the Completion of Studies at the Higher Institute of Judiciary.

[12] Qartas, A.-M. (2000). The Validity of Electronic Signatures in Court. Journal of Judiciary and Legislation.

Note:

[1]. Tunisian Electronic Exchanges and Commerce Law No. 83, 2000.

[2]. Article 6 of Law No. 83 of 2000 related to Electronic Exchanges and Commerce states that "Anyone using an electronic signature system must take the minimum precautions to avoid any unlawful use of the encryption elements or personal equipment related to their signature." Article 7 adds that "If the user fails to fulfill these obligations, they are responsible for any damages incurred by others as a result." Article 21 of the same law states that "The holder of the electronic certification is solely responsible for the confidentiality and integrity of the signature creation system they use, and any use of this system is considered to be from them."

[3]. That analogy is somewhat exaggerated considering that the public official is assumed to be aware of the content of the documents since they would have drafted those documents or reviewed their content before certifying the signature on them. This does not apply to the third-party certifier, whose role is limited to ensuring the connection between the signature creation system and the verification system without reviewing the content of the electronic correspondence.