COURT-ADMISSIBLE

Yes

GENERAL BUSINESS USE

Yes

E-SIGNATURE LEGAL MODEL

Tiered

eSignature Legality Summary

A written or wet signature is not necessarily required for all valid contracts under the Egyptian Law. Articles 89 and 90 of the Egyptian Civil Code and Article 69 of the Egyptian Trade Law state that Contracts are generally considered to be valid if competent parties come to an agreement verbally, electronically or via physical methods of agreement. Under Article 14 of the Egyptian E-Signature Law, contracts cannot be denied enforceability merely on the grounds of their electronic nature of the conclusion. In general, electronic signatures that are certified by Information Technology Industry Development Authority, ITIDA will automatically be admitted as evidence under Article 14 of the E-Signature Law.

Use Cases where Simple Electronic Signature (SES) is typically appropriate include:

  • SES is not legally permissible as evidence in Egypt. Qualified Electronic Signature (QES) is the only type of e-signature that is admissible before courts in the country

Use Cases where Legally Valid Electronic Signature (QES) is typically appropriate include:

 

  • * QES – HR documents including employment contracts, employee benefits paperwork and other onboarding documents for new employees
  • * QES – commercial agreements between corporate entities, including NDAs, procurement documents and sales deeds
  • * QES – consumer agreements, including new retail account opening documents
  • * QES – real estate documents such as lease agreements, purchase and sales contracts, and other related documentation for residential and commercial real estate
  • * QES – non-exclusive IP licenses, including patent, copyright and trademark
  • * QES – documents for incorporation and post-incorporation services
  •  

Electronic processes are specifically barred for certain use cases or there are ones with explicit requirements, such as handwritten (wet ink) signatures or formal notarial processes are incompatible with electronic signatures:

 

 

  • Contracts for real property transfer (not lease contracts and other contracts related to real estate, which can be signed using electronic signatures)
  • Transfer of intangible property
  •  

Advanced Electronic Signature (AES) is a type of electronic signature that meets all the requirements given below:

 

 

  • * It is uniquely linked back to the signature holder
  • * It can identify the signatory
  • * It is created using means that are under the signatory’s sole control
  • * Any alteration to AES data can be detected and traced

An electronic signature is considered to be a QES if its implementation meets the particular specifications of a country or legal body (Egypt in this case). This includes using a secure signature creation device and ‘qualified’ certification by either the government or a certifying authority (CA) contracted by the government.

 

 

Local Technology Standards:

 

 

Egyptian law recognizes locally certified – qualified electronic signatures (QES) by ITIDA as enforceable, and will automatically be admitted as evidence under Articles 14 and 15 of the E-Signature Law. However, other types of signatures may be enforceable and considered legally valid, only if they are compliant with Egyptian laws of evidence.

DISCLAIMER: This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as a legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns. eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.

ABOUT THE GUIDE

The eSignature Legality Guide is the result of legal research into the laws and practices regarding eSignature on a country-by-country basis. Each country-level analysis was conducted by local law firms located in that country, in that country’s local language. This legal analysis was then supplemented with complementary research on eSignature and digital signature technology standards conducted by independent technology experts. Together, this information is provided as a public resource to understand eSignature legality, and clarify some of the common misconceptions about international eSignature legality.

COURT-ADMISSIBLE

A basic measure of eSignature legality in a country is whether courts will admit eSignatures as evidence in court. In most countries in the world, an eSignature cannot be rejected simply because it is electronic, meaning that it should be admissible, subject to proof. Learn more about how DocuSign helps you prove an eSignature validity in court, below.

GENERAL BUSINESS USE

While there are exceptions for very specific types of transactions, eSignatures, independent of the underlying technology, may be used for the majority of general business transactions in most countries. Issues that may restrict general business use include local technology requirements or other restrictions on special transactions types. Learn more about specific transaction types, below.

E-SIGNATURE LEGAL MODEL

‘Tiered’ countries recognize Qualified Electronic Signature (QES, or the locally named equivalent) as a distinct type of eSignature. In these countries, a QES has special legal status in the form of presumed authenticity, and may be legally required for a few, specific transaction types. In spite of this, a non-QES eSignature can still be submitted as evidence in court even in Tiered countries, so long as the party presenting it has sufficient evidence to prove that it is valid. Countries imposing QES standards often struggle to promote electronic business transactions, especially across country borders. ‘Open’ countries have no such technology requirements or eSignature types that receive special legal status. Learn more about eSignature legality at https://www.emsigner.com/

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