Electronic Transactions Law

Analysis

In an effort to address the increasing reliance on electronic communication and personal transactions, the Kuwait parliament has recently passed Law No. 20 of 2014 pertaining to Electronic Transactions (the “Electronic Transactions Law”).

The Electronic Transactions Law does not itself pertain to a certain system, but rather provides a set of provisions relating to the use of electronic communication as a recognisable mechanism in Kuwait.  The Electronic Transactions Law provides certainty for electronic transactions and allows electronic commerce to operate on the same basis as paper transactions. Prior to the issuance of the Electronic Transactions Law, it was a requirement of a paper transaction that a person:

• Give information in writing;

• Provide a handwritten signature;

• Produce a document in material form; and

• Record or retain information