In the light of the rapid technological developments in our world , it has become necessary for states to keep pace with the technological revolution in order for them to become modern and advanced countries, or, at least , to be on the road to become so, by investing in modern technologies of communication of information, and through the development and investment in favor of public services. There is no doubt that the tremendous revolution that took place in the world of communications has led to a change in the means and methods of business transactions and expressions of the will for what is called now “Electronic Data Interchange”. In lieu of paper documents seeking the legislation of modern developments and keeping up with the technological developments of the countries, Jordanian legislators took the lead among their Arab counterparts and issued the Interim Electronic Transactions Act No. 85 for the year 2011 on 11/12/2001. This legislation comprised of the first Jordanian law in the field of information technology , which was the second Arab law in the field of e-commerce after the Tunisian law making room for other Arab countries, out of which was Dubai which enacted the Act on electronic exchanges and Bahrain which passed the Bahraini law of e-commerce. The Jordanian legislature came up with this law to put a legal framework that conforms with the international legislative framework in order to regulate the electronic transactions and to recognize all means of electronic data and electronic signatures in terms of their validity or invalidity. Moreover, the objective was the establishment of legal obligations on one side and the recognition electronic records on the other side. The Electronic Transactions Act allowed the establishment of authorities of authentication and electronic signatures for giving evidence in a given argument.

1. Electronic Transaction Law No. 85
of 2001
• Salem Zuhair Eisouh

2. Legislation in Jordan
• Constitution
• Law = 1- Ordinary law 2-Temporary law
• Regulations
• Custom

3. Introduction
• In the light of the rapid technological
developments in our world , it has become
necessary for states to keep pace with the
technological revolution in order for them to
become modern and advanced countries, or, at
least , to be on the road to become so, by
investing in modern technologies of
communication of information, and through the
development and investment in favor of public
services.

4. (.Introduction (cont
• There is no doubt that the tremendous revolution that took place
in the world of communications has led to a change in the means
and methods of business transactions and expressions of the will
for what is called now “Electronic Data Interchange”. In lieu
of paper documents seeking the legislation of modern
developments and keeping up with the technological
developments of the countries, Jordanian legislators took the lead
among their Arab counterparts and issued the Interim Electronic
Transactions Act No. 85 for the year 2011 on 11/12/2001. This
legislation comprised of the first Jordanian law in the field of
information technology , which was the second Arab law in the
field of e-commerce after the Tunisian law making room for
other Arab countries, out of which was Dubai which enacted the
Act on electronic exchanges and Bahrain which passed the
Bahraini law of e-commerce.

5. (…Introduction (Cont
• The Jordanian legislature came up with this law to put
a legal framework that conforms with the international
legislative framework in order to regulate the electronic
transactions and to recognize all means of electronic
data and electronic signatures in terms of their validity
or invalidity. Moreover, the objective was the
establishment of legal obligations on one side and the
recognition electronic records on the other side.
• The Electronic Transactions Act allowed the
establishment of authorities of authentication and
electronic signatures for giving evidence in a given
argument.

6. The law
• The law consists seven chapters divided into 41 articles.
• The law starts with the most important definitions of terms and
concepts.
• The first chapter is entitled “General Provisions” and includes
four articles.
• The second chapter is entitled “The Record, the Contract, the
email and the E-Signature” and includes articles 7-18.
• The third chapter is entitled “The Transferrable Electronic
Bond” and includes articles 19-24.
• The forth chapter is entitled “Transfer of Electronic Funds”.
• The fifth chapter is entitled “Authentication of the Record and
the E-Signature”.
• The sixth chapter entitled “Sanctions”, and the seventh chapter
entitled “Concluding Provisions” both include articles 39- 41.

7. Objectives of the law and the scope of its
application and the transactions to which
it applies
• Objectives of the law:
• Article 3 of this law defines its objectives which
facilitate the use of electronic means to conduct
transactions taking into account any other laws and
without modifying or omitting any provisions. A
reference should be made to the international
commercial customs and to the degree of progress in
the application of this law as pointed in paragraph B in
the same articles.

8. Objectives of the law and The scope of
its application and the transactions to
(..…which it applies (cont
• Below is a summary of the objectives, which are drawn
from the law itself and are selected from its provisions:
– Recognition of electronic means for giving evidence and
making contracts, and giving the reasonable and acceptable
justification prescribed for the existing contracting means in
the ordinary non-electronic environments.
– Enforcement of trust, promotion of e-commerce in the
Jordanian market, and provision of e-commerce laws.

9. Scope of Law Operation
• According to Article 4 of the same law, the
provisions of this law shall apply on the
following:
• Electronic transactions, electronic records,
electronic signature and and any electronic
message.
• Electronic transactions adopted by any
governmental department or official institutions,
in whole or in part.

10. Definitions
• E-Transaction: a procedure, or a number of procedures, conducted
electronically between two or more parties in order to establish obligations or
reciprocal obligation on one or more parties related to any commercial deed,
civil obligation or relationship with any governmental department.
• Electronic Records: records, contracts or emails established, delivered or
stored by electronic means. Article 2 defines the electronic contract as the
contract which is established electronically in whole or in part.
• Electronic Signature: the data that takes the form of letters, numbers,
symbols, signs or other codes which are incorporated in an electronic, digital,
optical or any other similar forms in an email or attached, added or related to
it. Moreover, it has the features that specify the renewal of the identity of the
person who signed it and distinguishes him/her from others for the purpose
of approving his/her signature and the content of the email.
• Data Management System: The electronic systems utilized to institute,
send, receive, manage, store or prepare information message in any other
form.

11. (.Definitions (cont
• Electronic Medium: A computer program or any other electronic means
used for the purpose of executing or responding to a procedure for the
purpose of instituting, sending or receiving information message without
personal intervention.
• The Institutor: The person, whether by himself or by proxy, who institutes
or sends information.
• The Recipient: The person intended by the institutor to receive the
information message.
• Authentication Procedures: The procedures taken in order to verify that
the electronic signature or electronic record was instituted by a specified
person, or the procedures taken to track the changes and mistakes that
occurred in the electronic record after its institution including using means of
analysis to identify the codes, words and numerals and deciphering the code
and reverse retrieval or any other means or procedures that can accomplish
the intended objective.

12. (.Definitions (cont
• Authentication Certificate: The certificate issued by the
competent, licensed or recognized entity to verify the electronic
signature of correspondent to a specified person in pursuance to
the recognized authentication procedures.
• Identification Code: The code designated by the licensed or
recognized entity to authenticate the concerned person’s
electronic contracts for the recipient’s use for the purpose of
distinguishing the records issued by that person from others.
• Financial Institution: The licensed bank or financial institution
authorized in dealing with monetary transfers in accordance with
the provisions of laws in force.
Illegitimate Records: Any monetary record in the client’s account
resulting from an e-mail sent in his name without his knowledge
or approval.

13. Differentiation
• Here we must differentiate between the electronic
signature and digital signature because they differ from
each other. The e-signature is described by a special
program which is a package of digital specifications
taken from the body of the email sent through an
encrypted system which reveals the validity of the
signature.

14. Scope of Law Application
• a) The provisions of this Law shall apply to the
transactions whose parties agree on their
implementation by electronic means unless an
explicit text states otherwise.
b) For the purposes of Article 5 an agreement
between specified parties to implement specific
transactions by electronic means shall not be
considered binding to implementing other
transactions by those means.

15. Analysis and the Opinion and
Conclusion -Article 5-
• It seems that the legislature was confused in this matter: the basic
principle is that the law applies to transactions to judgments on
transactions that the parties agree on implementing by electronic
means so that the law becomes applicable in accordance with the
agreement, and this is to be inferred from the words: the
provisions of the law shall apply on transactions on which their
parties agree to implement by electronic means. Notwithstanding
the above, if there is no agreement upon the execution of such
transactions by electronic means the law shall not apply unless
there is an agreement on the application as inferred from the
clause: “unless expressly stated otherwise”.

16. Article 6: Exemptions
The provisions of this Law shall not apply to the following:
• Contracts, documents and records organized in pursuance to special
legislation in a specific manner or instituted by specific procedures, including:
1. Institution of a will and its amendment.
2. Institution of an endowment and amendment of its conditions.
3. Immovable property, disposal transactions including proxies related to
same, their title deeds and instituting rights except lease contracts dealing with
same.
•
4. Personal status proxies and transactions.
5. Notices dealing with annulment or revocation of water and electricity
services contracts, health insurance and life insurance.
6. Pleadings, arguments, judicial notices and courts’ decisions.
b) Securities except for what is provided for in special instructions issued by
competent entities in pursuance to the Securities Law in force.

17. Principles, Conditions and Provisions Prescribed on the
Legality and Legitimacy of Records, Contracts and Electronic
Signatures
• Adoption of the principle that an electronic document
is a functional equivalent of a written document, and an
electronic signature is a functional equivalent of a
handwritten signature.
• In order to achieve the objectives of the law, there must
be an acknowledgment that an electronic document
contractually replaces the written document and in the
contract. Also, the effectiveness and validity of an
electronic signature should be defined and recognized
by the person dealing with e-commerce.

18. Conditions Governing the Equivalence of
Electronic Records to Original Papers
• According to Article 8 of the Jordanian e-transactions
states that a number of conditions should be
collectively present to consider that an electronic record
is equivalent to the original record, these conditions are:
•
• The information contained in that record is to be
retained and stored so that it can, at any time, be
referred to. If we look for this condition, we find that it
is aimed and designed to be the most important pillar
of the authoritative documents that prove the validity
of evidence for review at any time.

19. ((..…Cont
• Ability to keep the e-record in a form in which it can be
disclosed, sent or received easily in any form by proving
the accuracy of the information received when
disclosed, sent or received. This condition is the so-
called “safety content” or “the non-arrival of change”
which is a technical system based on the specific
technical standards which show the status of the
original file and any amendments made on it, and the
times at which such amendments were made.

20. Authenticity of the Print out of
Electronic Documents
• With reference to Article 9 of the Electronic
Transactions Act, the addressee’s submission of
paper printouts of the transactions conducted by
electronic means and submitting it as a written
extract meets the obligation determined by the
legislation which requires the submission of the
document or the transaction in writing, but
these records are not binding for the addressee
in case that the sender was unable to print, store
or retain such records.

21. Information Message is a Valid way
to Express the Will
• The electronic message shall be considered
as a means of expressing the will legally
admissible for offer or acceptance for
contractual intent.

24. Electronic Transfer of Funds
• Each financial institute practicing electronic
money transfer in accordance with the
provisions of this Law and the regulations issued
in pursuance shall abide by the following:
a) Abide by the provisions of the Law of the
Central Bank of Jordan, Banks Law and the
regulations and instructions issued in pursuance.
b) Implement procedures that would ensure the
presentation of reliable client services and the
preservation of banking secrecy.

25. Documentation Procedures
• The Jordanian legislator admitted that the
documentation procedures be verified in terms of
integrity of the constraint-mail, this has gained
recognition in accordance with Article 30 of the
Electronic Transactions Act which states “If the
documentation in accordance with the procedures
accredited certification or documentation procedures
commercially acceptable or agreed to by the parties
involved.”

26. Crimes Committed by Utilizing
Electronic Means
Article 38 states that:
• each person committing an act that constitutes a crime
in accordance with the legislations in force by utilizing
electronic means shall be penalized with imprisonment
for a period not less than three months and not more
than one year or a fine not less than three thousand
Dinars and not more than ten thousand Dinars, or by
both penalties. He shall be penalized with the harsher
penalty if the penalty stipulated in these legislations
exceeds the penalty stipulated in this Law.

27. ‫كورت فسترجارد‬

28. Bibliography
1 - e-transactions law the provisional No. (85) for the
year 2001.
2 - Jordanian Civil Code No. (43) for the year 1976.
3 - Jordanian Trade Law No. (12) for the year 1966.
4 - Qhqua, d. Hoda, criminal protection for e-
commerce, Amman.
5 - committees entitled "criminal protection of the
document e" d. Tawfik Ashraf Shams al-Din.
6 - a lecture on e-commerce lawyer, Professor Yunus
Arabs.
7 - UNCITRAL Convention on International Trade.
8 - College of Law, University of Mansoura.

29. Thank you
Salem Zuhair Eisouh