Intelligent SME.tech Issue 11 | Page 35

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2 . it is possible to prove the identity of that person

3 . it is fully controlled by him whether concerning its creation or usage at time of signing

4 . it is connected to the concerned electronic message by a link that provides reliable proof as regards the signature validity , accordingly if the electronic record is changed , the electronic signature will no longer be protected .

Interestingly under this federal law , the party relying on the electronic signature or electronic authentication certificate shall be responsible for all the risks that result from the non-validity of that signature or certificate unless otherwise established . This being stated , the entity / person using the electronic signature is governed by certain rules of conduct enlisted in this law such as :

1 . not use his signature tool unlawfully 2 . exert reasonable effort to preclude using his signature tools by unlicensed usage 3 . notify the concerned person without any unjustifiable delay , in the instance of : a . The signer ’ s knowledge that his signature tool is exposed to what indicates doubts in its safety b . If established due to the circumstance acknowledged by him that his signature tool is exposed to what evoke doubts

4 . exert reasonable efforts to ensure precise and perfection of whatever he submits of statements and essential declarations related to the electronic authentication certificate at its effectiveness period , these are the instances in which the signature tool requires the use of this certificate .

The signer is responsible for his failure to comply with requirements of the rules of conduct stated in this federal law .

In a strong move to align laws , the Law of Evidence of 1992 was amended in 2006 to permit admission of evidence submitted electronically .

The UAE legislator recently operated a significant amendment of the general regime of evidence law by extending the acceptance of electronic signature to notarised and private contracts .

The UAE Courts now validate and accept electronic signatures at par with physical signatures , and electronic signature , writings , correspondence , registers and documents are deemed to have the same binding force in comparison to signature , writings , correspondence , registers and official and customary documents that may be in original paper and pen version as long as it fulfils the other criteria set out by applicable laws .

With regards to submitting electronic evidence in UAE Courts , an electronic document cannot be rejected on the sole ground that it is electronic , and all provisions under the UAE Evidence Law admits electronic versions of documents . To prove inadmissibility of electronic evidence , one will need to prove in-authenticity of the information source , lack of credibility of the method used to secure such information , lack of trustworthiness of the source or lack of legitimate identity of the author of the information . We can only conclude therefore , that the biggest hurdle to overcome when dealing with electronic documents or submissions is confirming the authenticity and origin of the electronic documents , especially in cases where one or more parties dispute the admissibility .

Dubai International Financial Centre ( DIFC ) was the first UAE Financial Free Zone to recognise the electronic signature in 2017 .

In 2021 the Abu Dhabi Global Markets ( ADGM ), the UAE capital ’ s growing Financial Free Zone

Biancka Gracias , Partner and Head of Start-up and SME Division at ICLO