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Explore the BoldSign features that make eSigning easier.

Digital signatures have revolutionized document authentication, making the signing process more efficient in Kuwait and globally. These digital methods enable quick, eco-friendly completion of paperwork, aiding in the decrease of paper use and expediting commercial transactions. Nonetheless, understanding the key aspects of implementing digital signatures in Kuwait is vital. For digital signatures to hold the same legal weight as traditional handwritten ones, it’s important to choose a platform that aligns with Kuwait law, specifically referencing Law No. 20 of 2014 on electronic transactions. Certain documents might still require a physical signature, and legal stipulations can differ across various regions.
The security of digital signatures is of utmost importance. Select service providers that offer strong security features like encryption, user verification, and detailed audit trails to protect access and preserve the integrity of the signed documents. Services like BoldSign include these security measures, assisting users in meeting compliance standards and ensuring high-security levels. In conclusion, while digital signatures offer significant benefits and are increasingly recognized, it is essential to comply with legal requirements, focus on security, and choose an easy-to-use service for effective implementation in Kuwait.

In Kuwait, an electronic signature is defined as digital information that is attached to or associated with other electronic data used to verify the signer’s identity. These signatures are legally valid for many documents as long as there is a clear connection to the person signing and verification of the signature’s authenticity, safeguarding against any unauthorized changes. The signing process must demonstrate a clear intention to agree to the terms specified in the document. Provided these criteria are satisfied, electronic signatures are considered legally on par with wet ink signatures, though some exceptions do apply.

Electronic signatures, or eSignatures, come in various forms, all used to indicate agreement or approval on digital documents and transactions. Here are some common forms:

  • Authorizing actions through application login.
  • Signing with a stylus or finger on a digital tablet.
  • Entering a name into an email as a signatory.
  • Confirming agreement on a web page by clicking after verifying identity prompt.
  • Appending a digitized image of a handwritten signature.
  • Voice command.

Generally, electronic signatures are deemed to have the same evidential weight as the signatures referred to in this law if they comply with the provisions prescribed in the regulations. The operations of eSignature in Kuwait are regulated by Law No. 20 of 2014 on Electronic Transactions. The regulation categorizes these types of signatures into two:-

  • Standard (simple) Electronic Signature
  • Secure/Protected Electronic Signature

These signatures under Article 3 of the regulation are deemed to be equivalent to wet ink signatures and, with extension, legally valid. 

A simple electronic signature is defined as electronic data that takes the form of letters, numbers, symbols, signs or others. Such data is necessarily listed in, attached to or associated with an electronic document or record through electronic, digital, optical or other means. The data has a nature that identifies and distinguishes the person who signed the document or record.

Protected electronic signature [Secure electronic signature]: The electronic signature fulfilling the following conditions [under Article (19) of the regulation].

  • It must allow for the signatory to be identified.
  • It must be uniquely associated with the signatory.
  • It must be created using a reliable signing tool that is under the signatory’s sole control at the moment of signing.
  • It must enable the detection of any alterations to the data linked to the secure signature or to the connection between the signature and the signatory.

To be uniquely linked to the signatory

A secure electronic signature must be uniquely connected to the person who is using it. The signature must be uniquely made with methods that only the signer has access to, like a private key and confidential info, to verify their identity.

The use and incorporation remain in their sole control

The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent unauthorized signature forgery.

Able to identify the person using the technological process

The process used to create the signature must be capable of identifying the person signing. This may include the use of a biometric signature, a Personal Identification Number (PIN), an email address or even a company registration number.

Easy to track down any alterations made after signing

It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and place of signature. This will also help to establish any alterations made to the signature.

Summary
Type of signature Section of statute Unique features Other Considerations
Art. 4
Standard Electronic signatures Law No. 20 of 2014 Concerning Electronic Transaction

Article 1
  • No unique feature other than electronic data
Consent may be inferred by conduct but must be expressed in the case of a government entity.
Protected/Secure Electronic Signature
  • Uniquely linked to the signatory,
  • Can identify the signatory,
  • Created using means that the signatory can maintain their own control.
  • Linked to the data it relates to so that any subsequent change to the data is detectable.
The acknowledgement of electronic signatures by law varies depending on the type of document being executed. Therefore, electronic signatures are suitable for some transactions and applications but only for some. Below is a digest of this matter, accompanied by a succinct chart detailing the relevant 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
  • Insurance Industry
  • Educational Field
  • Offer letters
Exceptions

In limiting the applicability of Electronic Signature, the Law No. 20 of 2014 Concerning Electronic Transactions stipulates under Article 2 that eSignatures cannot be used in

  • 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 transaction that the law requires to be expressed in a written document or to be documented or the making of which is subject to a specific provision in another law.

Summary Scope of limitations

Permissible transactions Exempted transactions.
Art 2
  • Human Resources
  • Procurement
  • Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
  • Public petitions1,
  • Internal correspondences
  • Insurance Industry
  • Educational Field, and
  • Offer letters.
  • Family law transactions: - wills and codicils, trusts created from wills.
  • Title documents.
  • Negotiable Instruments: -Promissory notes and negotiable bills of exchange.
  • Any event that the law requires to be expressed in a written document or to be documented or the making of which is subject to a specific provision in another law.

To verify the legitimacy of an electronic signature, it is recommended to implement the following best practices in addition to meeting all relevant legal obligations:

  • Confirm the identity of the individual signing and, in cases of business dealings, ensure that the individual is authorized to represent the company in signing the document.
  • Obtain clear consent from the individual signing, which should be recorded either within the contract itself or in a separate agreement, to establish their deliberate choice to use the designated electronic signature for the document.
  • Safeguard the document against any modifications post-application of the electronic signature.
  • Maintain a detailed record of the entire signing process, including each action taken by the individual signing.

The following elements of compliance available within BoldSign can be used to comply with Kuwait 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 helps ensure 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 a layer of security to the signing process.
  • Audit trail: The IP address of the signer, along with timestamps for all major events in the signing process, are recorded in an audit trail. This provides a record of who signed the document when they signed it, and from where they signed it.
  • Digital signature: The final signed 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 also informed that they have the option to opt out. This helps to ensure that the signer is aware of the implications of signing electronically and that they have given their consent to do so.
  • Custom terms: There is an option to get your signers to agree to a custom set of terms. This can be useful for adding additional security or ensuring that the signer understands the terms of the document.

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

However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this 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 or warranties of merchantability, fitness for a particular purpose, or accuracy.

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