Legality of eSignatures in Iraq

Background

The use of electronic signatures is revolutionizing the way documents are authenticated, offering efficient and eco-friendly alternatives that are gaining traction in Iraq and around the world. These digital methods expedite processes and reduce the reliance on paper.

It's essential for users in Iraq to opt for electronic signature services that comply with national regulations, including the Iraqi E-commerce Act and the Electronic Signature Law No. 78 of 2012, to guarantee their legal validity. Although electronic signatures are widely recognized, certain documents might still necessitate a conventional signature. Therefore, consulting with legal experts is recommended due to the differing regional laws.

Ensuring the security of electronic signature services is of utmost importance. These platforms must incorporate encryption, verify identities, and facilitate audits to preserve the integrity of documents and deter fraudulent activities. Services such as BoldSign are designed to meet these critical security criteria, upholding legal and safety standards.

For Iraqi enterprises to effectively incorporate electronic signatures into their workflow, they must prioritize legal conformity, security measures, and the selection of intuitive platforms. This approach will facilitate the successful integration of eSignatures into their business practices and safeguard their transactions.

Overview of electronic signatures in Iraq

Electronic signatures are considered just as valid as traditional wet-ink signatures; however, their use is subject to specific regulations spelled out in:

• Iraqi E-commerce Act
• Electronic Signature Law No. 78 of 2012

The rules assign these signatures to a broad category, known as electronic signatures, which are backed by established authentication protocols.

Under the regulations, an electronic signature is a personal mark in the form of letters, numbers, symbols, signs, sounds, or others that have a unique character to indicate the rate to the site and are dependent on the ratification.

Authentic assessment of electronic signatures – Art. 5

The legislation enforcing electronic signatures establishes specific baseline criteria that must be satisfied for an electronic signature to be considered legitimate and suitable. The criteria include that it is:

• Capable of identifying the signatory
• Uniquely linked to the signatory
• Created using a means that the signatory can maintain under their sole control
• Linked to the data to which it relates so that any subsequent change in the data is detectable

Summary analysis

Under the electronic signature law No. 78 of 2012

Scope of limitations as to the use

The appropriateness of using electronic signatures varies based on the nature of the document, making them suitable for some types of transactions rather than others. Below are an evaluation and a chart outlining these transactions.

Documents that can be signed

Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:

• Human resources
• Procurement
• Non-disclosure agreements (assuming they are contracts, not formal deeds)
• Public petitions
• Internal correspondences
• End-user licenses
• Educational field
• Offer letters

Exempted transactions

The Iraqi law on electronic signatures and electronic transactions, under Section 3, specifies restrictions on the use of electronic signatures, stating that they are not permissible for the following applications.

• Transaction relating to matters of personal status and personal items
• Create a commandment and endowment, and modify its provisions
• Transactions relating to the disposition of immovable property, including the related agencies and securities ownership and the creation of rights in kind, with the exception of the leases for these funds
• Transactions that draw certain formality by law
• Court proceedings and judicial commercials and advertisements, attendees and orders, search and arrest, and judicial rulings
• Any document required by law to be done by a notary public

To ensure the authenticity of an eSignature, it is advised to follow these recommended practices while also meeting all applicable legal requirements:

• Confirm the identity of the signer and, when it involves a corporate entity, verify that the individual has the legal authority to bind the company with their signature.
• Obtain clear permission from the signer, which may be incorporated into the contract or provided via a separate acknowledgment form, to affirm their intention to sign the document using the specified electronic signature method.
• Protect the document from any changes after the electronic signature is applied.
• Keep a comprehensive log of the signing procedure, recording every step taken by the individual applying the signature.

How does BoldSign help?

The following elements of compliance available within BoldSign can be used to comply with Iraqi eSignature laws:

• Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer's email address. This ensures that the document is only accessed by the intended signer and cannot be tampered with.
• Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds another layer of security to the signing process.
• Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
• Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
• Consent: Signers are asked to confirm their intent to sign electronically and are informed that they could opt out. This ensures that the signer is aware of the implications of signing electronically and has given their consent.
• Custom terms: Get your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.

Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations are subject to frequent changes, and the information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, warranties of merchantability, fitness for a particular purpose, or accuracy.

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