The Legal Framework for Electronic Signature and Electronic Authentication in the Electronic Transactions and Commerce Law

Abstract

This study examines the legal framework governing electronic signatures and electronic authentication under the Electronic Transactions and Commerce Law. It begins with the evidentiary challenges created by the shift from traditional paper-based transactions to digital contracting and electronic proof. The study discusses the concept of signature and its legal functions, including identifying the signatory, expressing consent, and linking a person to a document, then evaluates the extent to which these functions can be fulfilled by different forms of electronic signature, particularly digital and secure electronic signatures. It also analyzes the relationship between traditional writing and electronic writing, the evidentiary value of electronic records, the legal recognition of electronic messages and data, and the conditions required for such records to produce legal effects. Special attention is given to electronic authentication as a mechanism for establishing trust in electronic transactions through certification authorities, electronic certificates, data integrity, record preservation, and identity verification. The study highlights the need to align technological development with legal regulation and to establish modern evidentiary rules capable of ensuring legal security and protecting parties in the digital commercial environment.