The Dubai Electronic Transactions Statute: A Prototype for

Dubai’s Electronic Transactions Law (“ETL”) is designed to stimulate E-commerce in the emirate by improving the authenticity and integrity of electronic transactions. The ETL recognizes the legal validity of electronic documents and electronic signatures as acceptable substitutes for paper documents and ink signatures, respectively. Accordingly, electronic records may be used to comply with a statutory writing requirement, original document requirement and retention requirement, and an electronic signature attached to an electronic document may be used to comply with a statutory requirement for a paper-and-ink signature. If all parties are in agreement, a contract may be in electronic form and is just as legally enforceable as a written one. The ETL does not mandate Dubai’s governmental agencies to utilize electronic documents, but they may elect to do so. The ETL has created a compulsory system of licensing of Certification Authorities (“CA”). Their role is to ascertain the identity of a subscriber and to attest in an issued Certificate that the electronic signature used by that subscriber belongs to him. The ETL contains a list of computer crimes. The statute establishes a sound framework for E-commerce, but it could be improved by adding consumer protections, more computer crimes, mandatory E-government, I.T. courts and long-arm jurisdiction. The ETL’s exclusion of wills should be eliminated. Objectives of the Article The objectives of this article are to: (1) introduce the reader to the United Arab Emirates and to Dubai’s preeminence in high technology in the Middle East; (2) explain the role of electronic signatures, cryptology, public ke