Electronic Signature Laws & Regulations - Kuwait

Electronic signatures are not common in Kuwait. However, Kuwait’s government is actively restructuring operational mechanisms to promote electronic transactions and improve their online presence. In Kuwait, the use of electronic signatures is regulated by Law No.20 of 2014 concerning Electronic Transactions and its Implementing Regulations (“E-Commerce Law”). In addition, the Executive Bylaws of the E-Commerce Law (the “Bylaws”) set out the relevant technical rules and regulations.

The E-Commerce Law creates a general presumption that an electronic signature has the same level of enforceability and admissibility as a “wet” signature if the electronic signature meets the E-Commerce Law’s requirements for validity and no exemptions apply. These requirements are:

1. it is possible to identify the signatory;
2. the signature is linked solely to the signatory;
3. the signature can be implemented using a safe signing device that is solely under the signatory’s control at the time of signature;
4. it is possible to reveal any change in the data linked with the protected signature or in relation to the data and the signatory.

In addition, electronic signatures must conform with the technical standards provided by the Bylaws.

Special considerations

In Kuwait there are certain use cases that limit use of electronic or digital signatures.

The E-Commerce Law specifically excludes the following from the scope of its application:

• transactions and issues related to personal status, endowment, and wills;
• real estate title deeds and the resulting original or consequential real rights;
• promissory notes and negotiable bills of exchange; and
• any event that the law requires to be expressed in a written document or to be authenticated before the Notary or the making of which is subject to a specific provision of another law.

All of the above documents require attendance before the Notary, which cannot be carried out electronically. Similarly, witnessing also requires physically appearing and signing before relevant government personnel, and so witnessing cannot be carried out electronically.