The introduction of electronic signature and electronic transactions

BAGHDAD (Babuz): Minister of State and government spokesman Ali al-Dabbagh that the Council of Ministers decided to Approval of the draft law of electronic signature and electronic transactions the auditor by the State Consultative Council and forwarded to the House of Representatives based on the provisions of Articles (61 / I and item 80 / item II) of the Constitution, taking into account the opinion of the Legal Committee at the General Secretariat of the Council of Ministers and the observations raised by the Ministers and the Council of State.

Dabbagh said that the approval of the draft law on electronic signature and electronic transactions is in line with the evolution witnessed by the advancement of institutional country’s adoption of modern technology in daily business and to raise the performance of the general departments and transactions between government departments and to facilitate some of the things that overcome the administrative difficulties and shorten the time in completing transactions efficiently and within a legal framework for electronic transactions by means of modern communications and encourage the use of the Internet and information technology, development and organization of services for electronic signature and electronic transactions and keep abreast of legal developments in and adapt the legal system, traditional in line with IT systems and modern communications, where the draft law aims to give legal argument for electronic transactions and signed mail and the organization of its provisions as well as to strengthen confidence in the validity and integrity of electronic transactions.

Dabbagh said that the Secretariat of the Council of Ministers proposed a draft law in view of the evolution of electronic and adopt the draft law on the work of a model law for electronic signature and electronic transactions and prepared by a specialized committee of the United Nations has been found on similar laws in some countries in this field such as law the U.S. and England, and the UAE and Jordanian and French to be drafted according to the requirements of the need for technical electronic explained the draft law is intended to electronic transactions which applications, documents and transactions by electronic means Kalojhzp, equipment, tools, electrical or magnetic or optical or electromagnetic or any similar means used to create and process information, share, store and apply the provisions of the law on electronic transactions carried out by Natural persons or legal transactions and agreed by the parties to implement them by electronic means as well as securities and electronic business.

Dabbagh said that the provisions of this law do not apply to transactions relating to matters of personal status and personal materials and the establishment of wills, trust, amendment provisions and transactions relating to the disposition of immovable property and transactions to which the fee is to the law of certain formalities, where is the electronic signature is valid and issued by the site if the available means to update the identity of the site and indicate approval as stated in the electronic document, according to the agreement and take the electronic signature within the scope of civil and commercial transactions, administrative capacity, the same legal assessments for hand-written signature if it takes into account the conditions mentioned above and that the company and defined by law as a public company services the International Network for Information in the Ministry of Communications granted licenses issued export certificates after obtain the approval of the minister and determine the technical standards for electronic signature systems, monitoring and supervising the performance of actors in the field of certification and evaluation of their performance and providing technical advice to those working in the field of electronic signature certificates and certification.

Al-Dabbagh that the draft law allows for practicing the activity of issuing the export certificate in accordance with a license obtained in accordance with the provisions of this legislation to take into account the company’s number of granted licenses to practice the activity of issuing the export certificate requirements are to ensure competition and openness in the selection of the licensee and determine the appropriate period for the entry into force of the license where the licensee to render and save the receipt and digital certificates using reliable mechanisms and programs for protection from counterfeiting and fraud With the possibility to keep the form in which they were created, as well as the effect of this bill on electronic contracts.

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