Abstract
Electronic commercial transactions have become a vital part of digital economies around the world. However, the countries need to upgrade their policy frameworks and related legal provisions amid a fragile cyber security environment. The authentication of electronic signatures is a complex phenomenon that needs attention for authentication and recognition. This research presents a comparative analysis of the two countries Jordan and the United Arab Emirates. This study analyzes the related legal statutes to figure out differences and compatibility with reference to their recognition and ability to execute safe electronic transactions in the minimum time. Two legislative enactments have been analyzed in this study that is Jordanian electronic transactions law of 2015 and the United Arab Emirates Electronic transactions and trust services law of 2021. The study concludes that UAE laws are better recognized to verify and authenticate the electronic-signature-based commercial transaction in comparison with the enactments of Jordan in terms of categorizing different levels of security of the electronic signatures and legal preventive measures in case of falsification of data, content, and signatures and breach of the trust.
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Notes
Jordanian Electronic Transactions Law No. 15 of 2015, published in the Official Gazette No. (5292).
Article 22 of the Jordanian Electronic Transactions Law No. 15 of 2015, published in the Official Gazette on page 5292 of the year 2015.
Article 4 of the Jordanian Electronic Transactions Law.
Article 5 of the Jordanian Electronic Transactions Law.
ibid.
Article 7 of the Jordanian Electronic Transactions Law.
Article 23 of the Jordanian Electronic Transactions Law.
Article 7 of the Jordanian Electronic Transactions Law.
Federal Decree-Law No. 46/2021 on Electronic Transactions and Trust Services.
References
Burri, Mira, and Rodrigo Polanco. 2020. Digital trade provisions in preferential trade agreements: Introducing a new dataset. Journal of international economic law 23: 187–220.
Sullivan, Clare. 2018. Digital identity—from emergent legal concept to a new reality. Computer Law & Security Review 34: 723–731.
Winn, Jane Kaufman. 2022. Couriers without luggage: Negotiable instruments and digital signatures. In The Creation and Interpretation of Commercial Law, 245–292. Routledge.
Halabi, Mirna. 2021. The Legal and Regulatory Challenges of Making E-transactions a Defining Part of the Lebanese Economy. Dissertation Lebanese American University.
Popkova, Elena G., and Bruno S. Sergi, eds. 2019. The 21st Century from the Positions of Modern Science: Intellectual, Digital and Innovative Aspects, vol. 91. Springer.
Reyna, Ana, et al. 2018. On blockchain and its integration with IoT. Challenges and opportunities. Future Generation Computer Systems 88: 173–190.
Volkonskaya, Anna et al. 2020. An electronic form of procurement in agricultural enterprises. In BIO Web of Conferences, vol. 17. EDP Sciences.
Regulations of Electronic Payment and Money Transfer upon Articles (21) and (22) of the Electronic Transactions Law No. (15) for 2015. Article 31 of the Jordanian Constitution.
Prause, Gunnar. 2019. Smart contracts for smart supply chains. IFAC-PapersOnLine 52 (13): 2501–2506.
International Labor Organization. 2015. Jordan. https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=103025&p_count=96946. Accessed 21 Nov 2022.
Abdo Rafiq and Partners. 2022. United Arab Emirates: Electronic Transactions and Trust Services Law. https://www.mondaq.com/new-technology/1150208/electronic-transactions-and-trust-services-law. Accessed 21 Nov 2022.
Al-Mamari, S. 2019. General Principles of Consumer Protection in E-commerce Trade: A Comparative Study between Islamic Law and EU Laws.
Alhashemi, Azab Alaziz. 2019. International arbitration between the risks of traditional commerce and electronic commerce. Academic Journal of Research and Scientific Publishing 1 (8): 3–12.
Dahiyat, Emad Abdel Rahim. 2011. The legal recognition of electronic signatures in Jordan: Some remarks on the Electronic Transactions Law. Arab Law Quarterly 25: 297–309.
World Bank. 2015. Country and Lending Groups. http://data.worldbank.org/about/countryand-lending-groups. Accessed 21 Nov 2022.
Foundation. 2015. Country Rankings: World & Global Economy Rankings on Economic Freedom. http://www.heritage.org/index/ranking. Accessed 21 Nov 2022.
Schwab, Klaus. 2010. The global competitiveness report 2010–2011. Geneva: World Economic Forum.
Dreher, Axel, Noel Gaston, and Pim Martens. 2008. Measuring Globalisation Gauging Its Consequences. Springer.
QueryAlshurideh, Muhammad Turki, Barween Al Kurdi, and Said A. Salloum. 2021. The moderation effect of gender on accepting electronic payment technology: A study on United Arab Emirates consumers. Review of International Business and Strategy.
Blythe, Stephen E. 2014. Fine-tuning Vietnam’s electronic transactions law to promote growth in e-commerce. Journal of International Commercial Law and Technology 31 (3): 375–396.
Bagheri, Parviz, and Kamal Halili Hassan. 2016. Data privacy in electronic commerce: Analysing legal provisions in Iran. Journal of Politics and Law 9: 133.
Belli, L.U.C.A. 2019. From BRICS to CyberBRICS: New cybersecurity cooperation. China Today 68: 29–31.
Juwenie, Ahmadi Miru, Juajir Sumardi, and Hasbir Paserangi. 2016. Consumer protection in e-commerce transactions in Indonesia. JL Pol’y & Globalization 47: 131.
Hühnlein, Detlef, Tilman Frosch, Jörg Schwenk, Carl-Markus Piswanger, Marc Sel, Tina Hühnlein, Tobias Wich et al. 2022. Future trust–future trust services for trustworthy global transactions. In Challenges in Cybersecurity and Privacy-the European Research Landscape, pp. 285–301. River Publishers.
United Arab Emirates. 2021. https://u.ae/en/about-the-uae/digital-uae/electronic-transactions-and-trust-services-law. Accessed 21 Nov 2022.
TDRA. 2021. TDRA: The Electronic Transactions and Trust Services Law is a Major Stride Towards a Comprehensive Digital Economy in the UAE. https://tdra.gov.ae/en/media/press-release/2021/the-electronic-transactions-and-trust-services-law. Accessed 21 Nov 2022.
FOTIS Law Firm. 2021. UAE Issues New Federal Electronic Transactions and Trust Services Law. https://fotislaw.com/lawtify/uae-issues-new-federal-electronic-transactions-and-trust-services-law/. Accessed 21 Nov 2022.
Wikipedia. 2015. List of Bilateral Free Trade Agreements. https://en.wikipedia.org/wiki/List_of_bilat eral_free_trade_agreements. Accessed 21 Nov 2022.
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Alsheyab, M.S.A. Legal Recognition of Electronic Signature in Commercial Transactions: A Comparison Between the Jordanian Electronic Transactions Law of 2015 and the United Arab Emirates Electronic Transactions and Trust Services Law of 2021. Int J Semiot Law 36, 1281–1291 (2023). https://doi.org/10.1007/s11196-022-09967-6
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DOI: https://doi.org/10.1007/s11196-022-09967-6