The legality of eSignatures in Saudi Arabia
With the passage of the Electronic Transactions Law in 2007, electronic signatures have been recognized by law in Saudi Arabia. However, the Electronic Transactions Law only applies to certified electronic transactions, which are not yet available to private parties.
Summary of eSignature Legality
A written signature is not required for a valid contract under Saudi law; contracts are generally valid if legally competent parties reach an agreement, whether verbally, electronically, or in a physical paper document.
Contracts cannot be denied enforceability solely because they are concluded electronically, according to Article 5 of the Electronic Transactions Law.
Parties may be required to present evidence in court to prove the validity of a contract.
Verbal contracts, electronic contracts formed by email, and simple click-through arrangements may be difficult to prove.
Electronic Signatures are not appropriate for the following use cases:
Handwritten (e.g., wet ink) signatures or formal notarial processes, which are not usually compatible with electronic signatures or digital transaction management, are examples of use cases that are specifically barred from digital or electronic processes or that include explicit requirements.
Notarization – the transfer of a real estate title deed
notarization – Granting a power of attorney through
Notarization – the act of signing the Articles of Association of a limited liability company, as well as any amendments thereto.