Legality of eSignatures in United Arab Emirates

Background
What is an electronic
signature
Forms of electronic
signature
Overview of electronic
signature regulations in the
United Arab Emirates [U.A.E]
Other considerable
jurisdictions and free
zones within the UAE
Summary analysis
Scope and limitations of
electronic signature
transactions
Prohibited transactions/documents
Summary list of prohibitions
How does BoldSign help

Background

Electronic signatures have made document verification faster and more efficient both in the UAE and worldwide. These modern, digital techniques allow quick, eco-friendly signing processes that reduce paper usage and accelerate transaction completion. However, it is essential to understand the crucial aspects of adopting electronic signatures within the United Arab Emirates.

It is recommended that an electronic signature solution be chosen that complies with UAE legislation, specifically, Federal Law No 46 of 2021 (On Electronic Transactions and Trust Services), which gives electronic signatures legal parity with handwritten ones. However, some documents might need a physical signature, and local laws may vary.

Security is paramount. The chosen electronic signature provider must offer robust protection, including encryption, authentication, and audit trails, to prevent unauthorized access and ensure document authenticity. BoldSign provides these security measures to meet compliance and safety needs.

Ultimately, electronic signatures offer significant advantages and are widely accepted. Still, adherence to legal norms, ensuring security, and selecting a user-friendly service are critical for successful integration in the U.A.E.

What is an electronic signature

According to UAE Federal rules on electronic signatures, an electronic signature is a legally recognized digital mark of letters, characters, numbers, or symbols linked to an electronic document. In UAE, such signatures are valid on most documents if they can be directly associated with the signer and if there is evidence to certify their authenticity, ensuring no alterations or forgeries. It is also critical that the signer’s intention to sign is evident, showing a purposeful agreement to the document’s terms. When these criteria are satisfied, electronic signatures hold the same legal validity as handwritten ones.

Forms of electronic signature

An electronic signature can be any electronic mark linked to an electronic document or process. This includes:

Logging into an app to authorize actions.
Handwriting a signature on a tablet.
Typing a name in an email.
Clicking an acknowledgment on a website after authentication.
Attaching a scanned handwritten signature.
Using a voice command as a verbal agreement.

Overview of electronic signature regulations in the United Arab Emirates [U.A.E]

Federal Law No. 46 of 2021 on Electronic Transactions and Trust Services regulates operations entailing the use of electronic signatures in the U.A.E.

Generally, electronic signatures are deemed to have the same evidentiary weight as those referred to in this law if they comply with the provisions prescribed in the Electronic Transactions and Commerce Law.

The Federal Law No. 46 of 2021 On Electronic Transactions and Trust Services² explains that electronic signatures include any letters, figures, codes, signs, images, or sounds having a unique character, for identifying the signatory and distinguishing him from others as stipulated in the Electronic Transactions and Commerce Law.

The regulations categorize these signatures into three:³

Standard electronic signature/Electronic Signature
Advanced electronic signatures
Qualified electronic signatures

Under the federal law of evidence, electronic signatures are deemed admissible and further categorized as electronic evidence.⁴

Summary analysis

Under the Federal Law No. 46 of 2021 On Electronic Transactions and Trust Services

TYPES

UNIQUE FEATURES

LEGAL VALIDITY

Standard electronic signature [SES]

[No unique feature other than being data in electronic form.]

Based on evidentiary weigh

Advanced electronic signature/Reliable electronic signature [AES]

Distinctly associated with the signer,
Identifies the signatory,
Developed using means that the signatory can maintain his control, Tamper-evident data connection,

Based on evidentiary weigh

Qualified electronic signature [QES]

Safeguard the confidentiality of electronic signature/E-Seal creation data.
Defend against unauthorized access or alteration of electronic signature/E-Seal creation data.
Electronic signature/E-Seal should be generated only once.
Ensure data integrity until the signing or sealing is completed.
A Qualified Trust Service Provider manages electronic signature creation data per regulatory standards.
Follow established security measures for protecting qualified information.
Comply with any additional conditions outlined by the governing regulations.

Valid across all the jurisdictions and emirates within the U.A.E unless evidence to the contrary is tabled.

TYPES	UNIQUE FEATURES	LEGAL VALIDITY
Standard electronic signature [SES]	[No unique feature other than being data in electronic form.]	Based on evidentiary weight
Advanced electronic signature/Reliable electronic signature [AES]	Distinctly associated with the signer, Identifies the signatory, Developed using means that the signatory can maintain his control, Tamper-evident data connection,	Based on evidentiary weight
Qualified electronic signature [QES]	Safeguard the confidentiality of electronic signature/E-Seal creation data. Defend against unauthorized access or alteration of electronic signature/E-Seal creation data. Electronic signature/E-Seal should be generated only once. Ensure data integrity until the signing or sealing is completed. A Qualified Trust Service Provider manages electronic signature creation data per regulatory standards. Follow established security measures for protecting qualified information. Comply with any additional conditions outlined by the governing regulations.	Valid across all the jurisdictions and emirates within the U.A.E unless evidence to the contrary is tabled.

Simple electronic signatures are any letters, numbers, symbols, voice, or processing system in electronic form applied to, incorporated in, or logically associated with a Data Message to authenticate or approve the same.⁵

A reliable (advanced) electronic signature is an electronic signature meeting the requirements under federal Law, which sets up a ray of factors to be considered in the determination of the validity of an electronic signature⁶. These are:

Uniquely linked to the signer.
Capable of identifying the signer.
Developed through means that the signer can maintain their sole control.
Linked to the data it relates to so that any subsequent change is detectable.

A qualified electronic signature is a reliable electronic signature created by a Qualified electronic signature Device and issued based on a Qualified electronic signature Certificate.

Validity of a qualified electronic signature

The U.A.E regulations further prescribe specific standards for determining or weighing a qualified electronic signature’s validity.⁷

Safeguard the confidentiality of electronic signature/E-Seal creation data.
Defend against unauthorized access or alteration of electronic signature/E-Seal creation data.
Electronic signature/E-Seal should be generated only once.
Ensure data integrity until the signing or sealing is completed.
A Qualified Trust Service Provider manages electronic signature creation data per regulatory standards.
Follow established security measures for protecting qualified information.
Comply with any additional conditions outlined by the governing regulations.

Factors to consider when validity is questioned

The purpose of the transaction for which the electronic signature was used.
The significance or value of the transaction linked to the electronic signature, if known.
The relying party took steps to verify the electronic signature’s trustworthiness or certificate.
The efforts by the relying party to confirm the backing of the electronic signature by an attestation certificate.
The relying party’s awareness or expected knowledge of any compromise or revocation of the electronic signature or certificate.
Any existing agreements, past interactions, or relevant trade practices between the originator and the relying party related to the electronic signature or certificate.

Other considerable jurisdictions and free zones within the UAE

Dubai

According to the regulations in Dubai – Law No. (2) of 2020, an electronic signature is recognized as a set of characters that can include letters, digits, and symbols, or a sound or digital procedure associated with or logically pertaining to an electronic message, designed to authenticate or approve it. On the other hand, a secure electronic signature⁹ is characterized as one that is distinctively associated with the user, able to verify their identity, and exclusively under the user’s control regarding its generation or usage at the time of signing. It must also be securely attached to the electronic message it corresponds to, offering dependable evidence of the signature’s authenticity and ensuring that any alteration of the electronic record will result in the electronic signature being considered unsecured.

Dubai International Financial Centre (DIFC)

The Dubai International Financial Centre (DIFC) exists as an autonomous jurisdiction within the United Arab Emirates, having established its own legal and regulatory system specifically for civil and commercial matters. [Financial free zone established under Federal Law No. 8]

The operation of electronic signature in the Dubai International Financial Centre (DIFC) is regulated by DIFC Law No. 2 of 2017¹⁰, known as the Electronic Transactions Law. Within this legislation , Article 21 acknowledges the acceptance of electronic signatures when a document requires a signature. Furthermore, Article 22 stipulates that an electronic signature is considered valid for identifying the signatory and their agreement of the electronic record’s content if the chosen method of electronic signature is sufficiently reliable for the intended purpose of the document or communication. This reliability is assessed in the context of the overall circumstances and pertinent agreements.

Abu Dhabi Global Market [ADGM]

The ADGM is a financial center established in 2013 in the United Arab Emirates. It operates as an economic free zone with its distinct legislation on electronic signature. electronic signatures, which are considered legally valid are regulated by the Electronic Transactions Regulations.¹¹

The Abu Dhabi Global Market legislation, under Article 28, defines an electronic signature as any electronic sound, symbol, or method that is logically connected or relevant to an electronic record. This signature can authenticate the signer’s identity and express the signer’s consent to the content within the Electronic Record.¹²

Under the regulations, Article 14, for an electronic signature to be valid and reliable, one must prove that the signature is, and the method used to generate it is:

Uniquely linked to the signatory.
Capable of identifying the signatory.
Created using means that the signatory can maintain his control.
Linked to the data it relates to so that any subsequent change is detectable.

Summary analysis

Jurisdiction

Applicable statute

Scope of applicability

Federal jurisdiction

Federal Law No. 46 of 2021 On Electronic Transactions and Trust Services

Applicable to all the 7 Emirates [Abu Dhabi, Dubai, Ajman, Fujairah, Ras al Khaimah, Sharjah, and Umm al Quwain]

Abu-Dhabi Global Market

Electronic Transactions Regulations 2021

Applicable to transactions within the Abu-Dhabi Free-Economic Zone. [Within the Emirates of Abu-Dhabi]

Dubai International Financial Centre -DIFC

DIFC Law No. 2 of 2017 – Electronic Transaction Law (As amended in 2022)

Applicable on transactions within the Dubai International Financial Center Free [Within the emirates of Dubai]

Jurisdiction	Applicable statute	Scope of applicability
Federal jurisdiction	Federal Law No. 46 of 2021 On Electronic Transactions and Trust Services	Applicable to all the 7 Emirates [Abu Dhabi, Dubai, Ajman, Fujairah, Ras al Khaimah, Sharjah, and Umm al Quwain]
Abu-Dhabi Global Market	Electronic Transactions Regulations 2021	Applicable to transactions within the Abu-Dhabi Free-Economic Zone. [Within the Emirates of Abu-Dhabi]
Dubai International Financial Centre -DIFC	DIFC Law No. 2 of 2017 – Electronic Transaction Law (As amended in 2022)	Applicable on transactions within the Dubai International Financial Center Free [Within the emirates of Dubai]

Validity of a secure electronic signature across jurisdictions

This cuts across all the respective jurisdictions, as in the statutes already tackled above, and all the emirates that form part of the United Arab Emirates. These are:

Uniquely linked to the signatory.
Capable of identifying the signatory.
Created using means that the signatory can maintain his control.
Linked to the data it relates to so that any subsequent change is detectable.

Uniquely linked to a person

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

Use and incorporation remain in their sole control

The person using the advanced 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.

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 using a biometric signature, Personal Identification Number (PIN), email address, or company registration number.

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 signature place.

Scope and limitations of electronic signature transactions

Electronic signature transactions and their utilization do not have universal legal acceptance for document finalization. Consequently, there are specific types of transactions and uses for which electronic signatures are acceptable, but not for others. Below is an analysis of this matter, accompanied by a summarized table of the transactions.

Documents that can be signed

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

Human Resources
Procurement
Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
Internal correspondences
Insurance Industry
Educational Field
Employee contracts

In 2021, the United Arab Emirates and the Abu-Dhabi Global Market adopted the Model law on electronic transferrable records. This typically means that alongside the list above, the jurisdictions also accept electronic forms of:

Bills of lading
Bills of exchange
Promissory notes
Warehouse receipts

Under the guidelines of the Model Law on Electronic Transferable Records, a transferable document or instrument has a functional equivalent in the form of an electronic transferable record, provided the record includes all necessary information found in a traditional transferable document or instrument, and employs a dependable method to:

Establish the identity of the electronic record as the electronic transferable record.
Ensure the electronic record remains controllable from the moment it is created until it no longer holds any effect or validity.
Maintain the electronic record’s integrity throughout its lifecycle.

Prohibited transactions/documents

Under federal laws

The laws governing electronic transactions do not explicitly prohibit using electronic signatures to execute certain documents or transactions. Nonetheless, some government departments may mandate the use of handwritten signatures for the completion and submission of certain forms or documents e.g. court documents/proceedings, government filings and transactions with a public authority.

Dubai International Financial Centre

The principal law, Law No. (2) of 2017 (Electronic Transactions Law), under schedule 1, exempt the below transactions:

The creation, performance, or enforcement of a power of attorney.
The creation, performance, or enforcement of a declaration of trust.
The creation and execution of wills, codicils, or testamentary trusts.
The creation, execution, and use of affidavits or affirmations as evidence in court proceedings.

Abu Dhabi Global Market

The principal law, Electronic Transactions Regulations 2021, under Section 21, provides that the following transactions cannot be completed in electronic signature:

Power of attorney.
Creation and execution of wills, codicils, or testamentary trusts.
Transactions for selling, buying, or leasing real estate (over ten years) and registering property rights.
Notaries before a notary public.

Summary list of prohibitions

Jurisdictions

Statute & Section

Exempted transactions

Unique features of the laws

Federal

Article 2-Federal E-Commerce laws

Caution to be taken for documents before public authority and those involving a government entity.

Recognizes economic free zones.
Not applicable to economic free zones.

Dubai International Financial Centre

DIFC Law No. 2 of 2017 (Electronic Transactions Law) Article 8 as read with Schedule 2 DIFC Law No. 2 of 2022

The creation, performance, or enforcement of a power of attorney.
The creation, performance, or enforcement of a declaration of trust.
The creation and execution of wills, codicils, or testamentary trusts.
The creation, execution, and use of affidavits or affirmations as evidence in court proceedings.

Not subject to the federal laws.

Abu Dhabi Global Market

Electronic Transactions Regulations 2021. Section 25

Power of attorney.
Drafting and implementing wills, codicils, or trusts established by a will.
Transactions for selling, buying, or leasing real estate (over ten years) and registering property rights.
Notaries before a notary public.

Permits remote witnessing of notaries in place of electronic signature.
Gives electronic signature cross-border validity.
Not subject to federal laws.

Jurisdictions	Statute & Section	Exempted transactions	Unique features of the laws
Federal	Article 2-Federal E-Commerce laws	Caution to be taken for documents before public authority and those involving a government entity.	Recognizes economic free zones. Not applicable to economic free zones.
Dubai International Financial Centre	DIFC Law No. 2 of 2017 (Electronic Transactions Law) Article 8 as read with Schedule 2 DIFC Law No. 2 of 2022	The creation, performance, or enforcement of a power of attorney. The creation, performance, or enforcement of a declaration of trust. The creation and execution of wills, codicils, or testamentary trusts. The creation, execution, and use of affidavits or affirmations as evidence in court proceedings.	Not subject to the federal laws.
Abu Dhabi Global Market	Electronic Transactions Regulations 2021. Section 25	Power of attorney. Drafting and implementing wills, codicils, or trusts established by a will. Transactions for selling, buying, or leasing real estate (over ten years) and registering property rights. Notaries before a notary public.	Permits remote witnessing of notaries in place of electronic signature. Gives electronic signature cross-border validity. Not subject to federal laws.

To ensure the credibility of an electronic signature, it is advisable to follow these best practices in addition to complying with the applicable laws:

Confirm the signer’s identity and, in business dealings, verify that the individual is duly authorized to act on behalf of the company in affixing their signature.
Secure explicit agreement from the individual signing, which may be incorporated in the contract itself or in a separate accord, to signify their intention to use the specified electronic signature for the document in question.
Safeguard the document to prevent any modifications after the signature is applied.
Keep an exhaustive log of the signing procedure, recording each step the signer performs.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with the United Arab Emirates electronic signature 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 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 informed that they could opt out. This helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.
Custom terms: Getting 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, its 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 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.

Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.

Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form.

¹ Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services [https://uaelegislation.gov.ae/en/legislations/1539]
² Federal Decree Law No. (46) of 2021 on Electronic Transactions and Trust Services Art. 1 [download (uaelegislation.gov.ae)]as read with Federal Law No. (1) of 2006 Concerning Electronic Transactions & Commerce, Art. 1[https://tdra.gov.ae/-/media/About/Trust-Services/Laws-and-regulations/Federal-Decree-Law-No-46-OF-2021-On-Electronic-Transactions-and-Trust-Services-EN.ashx]
³ Ibid Federal decree law 46 of 2021 Art. 1
⁴ Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions. Art. 54 [https://uaelegislation.gov.ae/en/legislations/1612/download]
⁵ Federal Law No 46 of 2021 On Electronic Transactions and Trust Services, Art.1
⁶ Federal Decree Law No. (46) of 2021 on Electronic Transactions and Trust Services Art. 19 [download (uaelegislation.gov.ae)]
⁷ Ibid. Art. 20
⁸ Federal Law No. (1) of 2006 Concerning Electronic Transactions & Commerce, Art 18 [https://uaelegislation.gov.ae/en/legislations/1539]
⁹ Ibid as read with Schedule 2
¹⁰ Electronic Transactions Law DIFC Law No. 2 Of 2017 Art 21 & 22 [Electronic_Transactions_Law_Final.Pdf (Sitecorecloud.Io)]
¹¹ Electronic Transactions Regulations 2021[annex-a—proposed-electronic-transactions-regulations-2020.pdf (adgm.com)]
¹² Ibid Art. 28

Enterprise-Ready E-Signatures

Built to scale with your business

Close deals faster, cut costs, and stay compliant. From startups to global enterprises, thousands trust BoldSign to simplify document signing.

0 +

Years in business

0 +

Customers

0 +

Countries

0 +

Built-in features

Testimonials

Why our customers love us

The true measure of our impact lies in the stories shared by our valued partners.

Google Integration, 25 free sends, dashboard, Signature font options, App is very responsive / fast, Emails between sender and signer are good, Audit trail is very helpful, No account needed for signer is great, Mobile experience is good for signer.

Jeremy Kadlec

Edgewood Solutions

Switch to BoldSign already! It's intuitive to use and affordable for small businesses. I never have to worry about the status of a document because with BoldSign I know. Plus, they let you program the frequency of reminders signatories receive. I'm so glad to have found it!

Sarah Dillard

Kaleidoscope

We’re using BoldSign successfully in our b2b SaaS platform - as it’s embedded to allow seasonal farm workers and their agribusiness employers to e-sign their employment onboarding documents for the first time. It’s part of the total solution saving the workers and HR managers 50% more time compared to their traditional pen/paper manual process.

Scott Prince

Croft

Sign up for your free trial today!

30-day free trial
No credit card required

30-day free trial

No credit card required