Law No. ( 9 ) of 2017 On Regulation of E-Documents and E-Signatures in the Emirate of Ras Al-Kamiah We, Saud Bin Saqr Bin Mohammad Al-Qasemi, Ruler of Ras Al-Khaimah; After perusal of the constitution, Civil Transactions Law, promulgated under Federal Law No. (5) of 1985, as amended; Law of Evidence in Civil and Commercial Transactions, promulgated under Federal Law No. (10) of 1992, as amended; Civil Transactions Law, promulgated under Federal Law No. (11) of 1992, as amended; Commercial Transactions Law, promulgated under Federal Law No. (18) of 1993, as amended; Federal Decree-Law No. (2) of 2004 on the establishment of Federal Authority For Identity And Citizenship, as amended; Federal Law No. (1) of 2006 on E-Commerce and E-Transactions and executive regulations thereof; Federal Decree-Law No. (3) of 2012 on the establishment of the National E-Security Authority; Law No. (39) of 2006 concerning International Judicial Cooperation on Criminal Matters; and Federal Decree-Law No. (5) of 2012 on Combating Cybercrimes, as amended, Have promulgated the following: Chapter One Definitions Article 1 In Implementation of the provisions of this Law, the following words and expressions shall have the meaning set forth next to each of them as follows: State: United Arab Emirates Emirate: Emirate of Ras Al-Khaimah Competent Authority: Authority assigned to supervise the issuance of licenses necessary to engage in the activity of providing services of e-signature e-authentication and other services related hereto. Electronic: whatever relates to or utilizes information technology and having electric, digital, magnetic, visual, electromagnetic and/or photonic capabilities or any other similar wired or wireless capabilities whatsoever, in addition to any updated technology within this field. Electronic Writing: All letters, numbers, symbols, signals or signs saved on an electronic, digital, or optical medium or any other similar means giving a discernible significance and can be retrieved later. Electronic Data: Data with electronic characteristics in a form of texts, symbols, sounds, drawings, pictures, signals, computer programs or databases. Electronic Data Processing (EDP): An electronic system to create, enter, retrieve, send, receive, extract, store or display information or electronic documents. Electronic medium: An electronic mean and mechanism utilized to save electronic data thereon. Electronic Document: A collection of data or information created, stored, retrieved, copied, sent, communicated or received in-whole or in-part via electronic means or through a tangible medium to be retrieved in a discernible form. Creator: The natural or legal person or attorney thereof generating an electronic document prior to storage or sending the same electronically. However, creator shall not include the entity providing services related to production, processing, sending or storing such electronic document and any other services related thereto. Electronic Document Addressee: The individual to whom the electronic document is addressed using an electronic medium. However, Receiver shall not include the individual providing services related to receiving, processing or saving the electronic documents and any other services related thereto. Electronic Transactions: All activities executed in whole or in part via electronic means. Automated Electronic System: An electronic software or system designed to independently initiate or respond to an action, partially or entirely, without intervention or supervision of any natural person at the time of initiating or responding to such action. Electronic Signature: Data in a form of letters, numbers, symbols, signs, sounds or any other form to be electronically, digitally or photonically listed, attached or associated with an electronic document having a nature enabling the same to identify the person who signed such document. Protected Electronic Signature: Electronic signature meeting the conditions of Article (18) of this Law. Authenticated Electronic Signature: The protected electronic signature associated with an electronic authentication certificate. Electronic Signature Device: A device or electronic data configured uniquely to work independently or jointly with other devices and electronic data to place an electronic signature of a certain individual on the document. This process includes any system or device generating or capturing unique data such as symbols, signals, algorithms, letters, numbers, passwords, or profile identification numbers or its properties. Signatory: The natural or legal individual possessing his / her own data and electronic signature creation device signing for himself / herself or on behalf of the principal or legal representative thereof on an electronic document using this device and data. Authentication Services Provider: The natural or legal person authorized by the competent authority to issue electronic authentication certificates or any other services related to the same or to the electronic signatures. Electronic Authentication Certificate: The certificate authenticating that the electronic signature belongs to a specific person and confirms the relation between the signatory and the signature creation data pursuant to approved authentication procedures. Time Stamp: Information provided by any of the officially approved or official authentication authorities whereby the date and time of creating the electronic signature shall be accurately specified to be an evidence erga omnes. Precise Authentication Procedures: Procedures designed to verify that an electronic document is issued or received by a specific individual; and to detect any mistake or alteration to the contents of an electronic document or sending or storing the same within a certain period of time. The abovementioned includes any procedure utilizing algorithms, symbols, words, profile identification numbers, encryption, response procedures or acknowledgement of receipt, and any other procedures adopted to protect information. Chapter 2 Entry of Law into force & Objectives Article 2 Without prejudice to the provisions of Law No. (1) of 2006 on the E-Commerce and E-Transactions, this Law shall be applicable to all electronic signatures and documents except for those excluded by a resolution adopted by the Executive Council of the Emirate. Article 3 The objectives of this Law are: 1. Regulating legal procedures transacting electronic signatures and electronic documents; 2. Promoting confidence on the safety of electronic transactions; and 3. Keeping up with the development of electronic signatures and e-documents locally and internationally to promote investment and commercial practices in the Emirate. Chapter 3 Electronic Document Article 4 Whenever, by Law, a document is required to be written or it is stipulated that non-writing shall cause certain consequences; the electronic document shall meet this condition if the same conforms the provisions of Article 8 herein. Article 5 Electronic writing and e-documents have the same enforceability of writing, and official and customary documents provided in the provisions of laws applicable in the State whenever meet conditions provided herein. Article 6 The time stamp on an electronic document is deemed an evidence of time and date thereof. Article 7 The copy of the electronic document, as long as being identical to the original document saved in the system whereby it was created, shall have the same power of the original copy since it can be referred, if required. Article 8 An electronic document shall be subsequent to its legal effects if the following conditions are met: a. The possibility to be saved in the form it was created, sent or received thereby or in any other form by which accuracy of data included therein; upon creation, sending, or receiving, can be easily verified. b. The data, included therein, is maintainable and storable so as to be retrieved anytime whatsoever. c. The data, included therein, shall identify the document creator. No provision of this article shall violate any other law provisions explicitly stipulates creation and saving of documents, data or information in a specific electronic form or by following specific procedures to send the same. Furthermore, provisions of this article shall be compatible with any additional requirements established by governmental bodies to circulate, store and secure electronic documents under their jurisdiction. Article 9 Electronic document non-associated with an electronic signature shall have enforceability of non-signed papers on evidence. Article 10 No conditions provided in Article No. 8 shall be necessarily met in document-annexed-data purporting to facilitate sending or receiving the same. Any person may seek the assistance of whomever licensed to store and retrieve documents and data whenever conditions set forth in the previous Article are met. Article 11 An electronic document shall be deemed as issued by its creator whether be issued personally by the same, by others or via an electronic system automatically programmed to function by the creator or an attorney thereof. Article 12 The electronic document shall be deemed an evidence against the creator in favor of the addressee in the following two cases: 1. If addressee follows any procedure previously agreed thereon, with the creator, to be utilized to verify that electronic document has been issued by the creator. 2. If addressee receives the electronic document as a result of procedures made by the creator or any affiliate person or attorney thereof having authority to access the electronic medium in-use by the creator or by an automated electronic system used by the creator in this regard. The electronic document shall not be deemed an evidence against the creator in favor of the addressee in the following two cases: A. If the addressee receives a notice from the creator informing the same that electronic document does not issued by the creator. The creator shall still be liable to any consequences occurred prior to the date and time of receiving such notice unless it is established that the document has not originally been issued thereby. B. If the addressee becomes aware or was able to be aware that the electronic document was not issued by the creator. Article 13 The addressee shall consider each received electronic document as independent and act accordingly unless he becomes aware, or was expected to be aware that the electronic document is a duplicate. Article 14 No electronic document shall be binding to the addressee if the creator impedes the addressee to retrieve, store or maintain the electronic document. Article 15 The electronic document may be kept for evidence, documentation or any other purposes whatsoever. The same shall be deemed an evidence binding unless a specific provision in another law requires having the document on another medium. Article 16 Upon processing their transactions electronically, Governmental Authorities shall any shall set provisions and procedures related to the matters hereinafter under instructions issued to this end: 1- Creation, depositing, maintenance or copying of electronic documents; 2- Utilization of the electronic signature and any other conditions related thereto; 3- Security, protection, confidentiality, and integrity of electronic information. 4- Date of commencing their transactions using electronic means. Article 17 There may be transactions between automated electronic systems, including two or more electronic previously prepared and programmed data systems. The transaction shall be valid, enforceable and subsequent to its legal effects whenever such systems function properly in spite of the absence of any personal or direct interference by any natural person conducting the transaction. Such electronic system may deal with natural person if the latter becomes aware that the system shall undertake the task of completing the transaction. Chapter 4 Electronic Signature Article 18 No legal effect of the electronic signature, in terms of its validity and applicability, may be disregarded, merely because the same is in an electronic form. The protected electronic signature shall have the same legal power of the written signature whenever technical controls set out in this law in respect of the creation and completion of the same have been observed. Article 19 Signature shall be considered the same as protected electronic signature if the following conditions are met: A- The possibility to identify the signatory. B- The signature is linked to the signatory solely; C- The signature is executed using a secure signature device under the sole control of the signatory at the time of signing; and D- The possibility to detect any alteration in the data associated with the signature or in the relationship between the date and the signatory. Article 20 Whoever consider the authentic electronic signature shall have the burden to submit the electronic authentication certificate substantiating the validity thereof giving due diligence to make such consideration reasonable. Article 21 The signatory shall observe the following: A- Taking reasonable due diligence and precaution to avoid illegal use of his/her signature device by others. B- Immediately notifying the competent authority or the concerned persons whenever sufficient evidence that his/her electronic signature used illegally, are available. C- To give due diligence to use the electronic authentication certificate to ensure the accuracy and completeness of all significant data relevant to this certificate throughout the validity period thereof. Chapter 5 Concluding Provisions Article 22 The competent authority shall regulate conducting the activity of electronic authentication and electronic signature services. Furthermore, such authority shall particularly conduct the following: A- Issuing and renewing licenses necessary for the conduct of electronic authentication and electronic signature services; and monitoring and supervising the activities of electronic authentication services providers pursuant to the provisions of the Law; B- Specifying the standards of the electronic verification and the electronic signature purporting to setting the technical specifications thereof; C- Receiving complaints related to the activities of electronic verification and the electronic signature and take the necessary action thereon; and D- Providing technical advice on the disputes that may arise between the parties concerned with electronic verification and electronic signature activities. Article 23 The Electronic Government Authority, in coordination with the competent authority, shall contribute to the construction, design and management of the infrastructure of the electronic signature in the Emirate. It may be granted the authority to authenticate the electronic signature for the governmental authorities in the Emirate. The same shall also provide technical advice and experts’ reports on disputes arising between the parties concerned with activities of electronic verification and electronic signature. The Executive Council of the Emirate, in coordination with the Electronic Government Authority, shall specify the fees to be paid against experts’ reports and services rendered by the Authority to others. Article 24 Governmental authorities in the Emirate shall transact one to another via their official electronic systems using unauthentic signatures. Article 25 This Law shall be promulgated and take effect as of the date of its issuance. Saud BinSaqr Bin Mohammed Al QasimiRuler of Ras Al Khaimah Promulgated by us on this day, Tuesday, 23rd of Rabea First 1439 A.H. Corresponding 12th of December 2017 A.D.