1-What are the objectives of this law?

This law aims at facilitating the use of electronic means in concluding transactions




2-What are the applications of this law?

Electronic transactions, records, signature, and any other electronic data message-Electronic transactions that is recognised by any governmental or official institution completely or partially.




3- What are the transactions that this law shall not apply on?

Contracts documents and credentials that special legislations require specific procedures regarding it, such as: -

1. The creating of a Will, or amending it.
2. Al-Waqf, and amending its stipulations.
3. Transactions regarding non-movable property, and its deeds. As well as, creating its real rights, excluding lease contracts of these properties. 4. Attorneyships and personal status transactions.
5. Notices regarding the revocation or recession of water and electricity service contracts. As well as, life and health insurance.
6. Rules of court, and pleadings, legal notification notices and court rulings.

Securities, excluding those designated by special regulations that are issued from competent departments in pursuance with the enforceable securities law.





4-Do electronic transactions have a legal effect in accordance with this law?

Electronic records, messages and signature shall be considered to establish the same legal effects produced by written documents and signature, regarding its enforceability, and evidence in accordance to enforceable legislations.

The aforementioned in the previous para shall not be denied legal effect solely on the grounds that it is an electronic method in accordance with this law.






5-What are conditions that must be existed in the electronic-record in order to have a legal effect?

The information contained therein is accessible so as to be usable for subsequent reference; and -The data message is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the information generated, sent or received; and-Such information, if any, is retained as enables the identification of the origin and destination of a data message and the date and time when it was sent or received.






6-What is the criterion to prove the validity of the electronic signature and its relevance to his holder?

Electronic signature can be proved to identify that person and to indicate that person's approval of the information contained in the data message; if there is a method that is as reliable as was appropriate for the purpose for which the data message was generated or communicated, in the light of all the circumstances, including any relevant agreement.






7-When the dispatch of a data message occurs?

The dispatch of a data message occurs when it enters an information system that the addressee has designated and which is outside the control of the originator or of the person who sent the data message on behalf of the originator.

if the data message is sent to an information system of the addressee that is not the designated information system, the time of receipt will be from the first time the addressee see the message.





8-What shall be considered as the place of dispatching and receiving?

A data message is deemed to be dispatched at the place where the originator has its place of business, and is deemed to be received at the place where the addressee has its place of business, and if the originator or the addressee does not have a place of business, reference is to be made to its habitual residence.

If the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business.






9-When the electronic bond shall be able to be transferred?

Provided that, if the provisions of a negotiable bond, in accordance with the law of trade excluding the writing provision are applicable on the electronic bond, the electronic bond shall be deemed transferable, however, the drawer has to approve this transfer. In addition, if the bond fulfills all conditions, the barer of an electronic bond shall be rightful owner of a transferable bond, and entitled with all rights, and appeals that of a regular bond holder, unless agreement otherwise indicates.





10-What are the commitments that must be fulfilled in order to have an acceptable mean of electronic transfer of funds?

According to this law, an electronic transfer of funds (money) shall be an acceptable method of payment. This law shall not nullify the rights of citizens that are stipulated in other laws and regulations.

As for the commitment, every financial institution that deals with electronic transfer of funds (money) in pursuance to this law and its regulations has the following obligations:

a-Compliance with the Jordanian reserve bank and its regulations orders pursuant to it.

b-Pursue the required procedures and measures to guarantee providing a safe services and keeping banking secrecy.





11-When an electronic record shall be deemed authentic?


This law stipulated that the electronic record shall be deemed authentic if an electronic record has been signed within the validity period of an accredited authentication certificate, and has been compared with the identification symbol in that certificate, the record as well as the electronic signature shall be considered fully authenticated, or partially thereof, as the case maybe.





12-When an electronic signature shall be deemed authentic?

if as a result of applying authentication procedures
-whether it was accredited, agreed upon or commercially accepted
- has the following characteristics: -

A-uniquely distinguished due to its linkage to the person in question.
B-Sufficient to identify the identity of its owner.
C-Was produced by the private means of its owner, and under his control.
D-Connected with its relevant record to an extent that, it cannot amend the record after signing, without affecting the signature.





13-When the authentication certificate that indicates the identification symbol shall be recognized?

It shall be recognised in the following cases:
a- When it is issued by licensed or recognized entity.
b-issued by an entity licensed by a recognized competent authority in another country.
c-issued by governmental department or foundation or legally authorized committee for such purposes.
d-issued by an entity that is recognised by the parties.






14-What are the penalties for committing electronic crimes or offences?

This Law has imposed sanctions against any illegitimate actions, it stipulated that any person who, make, publishes, provides an authentication certificate for fraud purpose or for any illegal reason, shall be sanctioned with imprisonment for a period of time no less than three months and no more than two years or a fine no less than three thousand dinars and no more than ten thousand dinars or both of the sanctions.

Moreover, any person that provides incorrect information to an entity that is responsible of inspecting and authenticating documents in order to obtain an authentication certificate, or to stop its validity, or voiding it, would be sanctioned with imprisonment of a period of time no less than one month and no more than six months or with a fine no less than one thousand dinars and no more than five thousand dinars or both of those two sanctions

In addition, as for authentication entities that authenticate documents and provide incorrect information in the registration application or disclosed any information regarding their customers, or breached regulations and orders that are promulgated according to this law, will be sanctioned with a fine of 50 000 dinars.

Any person who commits a crime in pursuant to the enforceable legislations through the usage of electronic means, shall be sanctioned with imprisonment no less than three months and no more than one year or a fine no less than 3000 and no more than 10 000 or both of them. In addition, the person shall be sanctioned with the most severe sanction, providing that other legislations' sanctions are more strict than this law.

| Top