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Digital Signature Law Of UAE


In today’s world many contemporary technological concepts are incarnating almost everyday. As a result of this, most of the users of this technology often face the dilemma as to which solution shall they adopt. Another question that arises from such a vast variety is whether or not the selected solutions are covered under the local law or not. There is a differentiation between the e-signatures and the digital signatures. According to the UAE law, the term “ electronic signature” connotes that a process that is carried on through the electronic medium, whereby there is some kind of acceptance of an agreement or approval of the records. It is inclusive of a elementary scan of the wet sign digitally by ways of mechanism for authentication which is much more complicated. As far as “digital signature” is concerned, it is one of the subsets of the electronic signatures only. This means that all digital signatures are electronic, while all electronic signatures are not digital. In order to verify signer’s identity, one can use a standard electronic method for authentication that are provided under the electronic signature solutions. The example of standard authentication mechanism are the email id or the phone pin. If a user wishes to have more secured electronic solution, they can opt for multifactor authentication. In case of a digital signature, in order to authenticate the identity of the signer as well as to exhibit a proof with respect to signing, a certificate based digital identifier is utilized. It can be created and authenticated with the help of public key encryption, whereby each signature is bind to a document through the way of encryption only. There are trust service providers as well as the trust certificate authorities which often perform the function of validation. Just like the hand signatures, these signatures are exclusive to the signers. The providers of the solution for digital signature commonly follow a protocol called the Public Key Infrastructure. In order to generate a key, i.e. two long numbers, the providers will have to create two mathematical algorithms, among these two keys, one is a public key and the other is referred to as the private key. When an individual signs a document electronically, he does so by a private key. This is always kept by the person signing the document. The algorithms mentioned above, have a function to cipher and form a hash, i.e the data that will match the signed document. This encrypted data is known as the digital signature. A time is also marked corresponding to the time at which the document was signed. In case there is a variation in the data after the signature has been done, then in that case, such signature will be regarded as invalid. The signed document cannot be manipulated owing to the fact that the digital signatures are highly complex and encrypted. REGULATIONS RELATING TO DIGITAL SIGNATURE Electronic signature has been defined under the federal law no. 1 of 2006 which is related to E-commerce and E-Transaction. It is suggested in a practical life to use digital signature as a solution for a problem covering most of the criterion of article 18. The usage of digital signature is expressly provided in the Electronic Signature Law. The law has the provision for Electronic Attestation Certificate also. The law defines it as “ a certificate issued by a Certification Services Provider confirming the identity of the person or entity holding an Electronic Signature creation tool”. The above definition tosses yet another term, “ certification service providers”. According to the law, it means an authorization that issues such Electronic Attestation Certificates. It is licensed by Telecom Regulation Authority. These certification systems and signature systems provide an eminently reliable solution for the users. Yet another important regulation under the law is Article 6, it provides that there is no compulsion on the part of the user to accept any kind of electronic information. But if in case they have even an affirmative conduct with respect to the agreement, then also it will be considered as acceptance. In order to avoid inviting the challenge by the other party, one must assimilate within its contract, particular references where one can use their electronic signature. Also, a mechanism shall also be provided by the court, where the court itself marks the use of electronic signature by the party as reliable along with its service providers. Conclusion: Though the Electronic Transaction Law came into force in 2006, but till date, it has not been established as a widespread phenomenon of UAE. Nonetheless, there was a recent rise in the usage of the Electronic Transaction Law, owing to the fact that during this global pandemic, most customers had to resort to transactions from a remote place, where e-signature was the only option available with them. This in turn requires that the courts shall create a more broad understanding with respect to the provisions of this law.

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