The legal validity of unsigned electronic writing

Abstract

In light of the search for the legal validity of unsigned electronic writing as a means of proving electronic transactions in the relationship between electronic participants, this research addresses the study of the legal validity of unsigned electronic writing in Syrian electronic transaction law and some comparative laws. It does so by discussing the nature of unsigned electronic writing and defining its concept, clearly outlining its definition and the necessary conditions to be considered electronic writing. Additionally, it determines its legal nature in some Arab and Western comparative laws, examining whether it is equivalent to traditional writing in its evidential strength or whether it possesses specific characteristics and individual provisions.

The research also assesses whether this unsigned electronic writing is considered a principle of proof by writing or a legal presumption, by discussing the concept of the principle of proof by writing as mentioned in general rules, and clarifying its availability in unsigned electronic writing. Furthermore, it delineates the concept of legal presumption as one of the traditional evidential methods, and whether the provisions of legal presumption apply to unsigned electronic writing.

The study concludes with a summary that highlights the most significant findings and recommendations. It suggests amending Article 2 of the Electronic Transactions Law No. 3 of 2014 so that unsigned electronic writing functions as a principle of proof by writing and does not possess the validity of a legal presumption. This is because granting it the strength of legal presumption would render it a means of proof for every obligation that may be proven by personal evidence, which raises significant concerns if the document is issued by someone other than the individual against whom it is intended to be invoked.

Moreover, it recommends establishing the National Authority for Network Services, as stipulated in the Electronic Signature Law No. 4 of 2009, to be responsible not only for granting electronic certification to prove the identity of the electronic signature to a natural or legal person but also to grant the same certificate to prove the identity of electronic writing issued by the same person, in line with other comparative legislations.