Electronic signature law in commercial contracts in Oman
- Definition and formal requirements of written legal statements or legal statements legally binding if the law requires written form
- Examples for legal statements and contracts where written form is required
- Are there special legal provisions for digital archiving and storage of electronic documents? If yes, please describe them
- Main and relevant court practices
- In which cases are documents only with wet ink signatures accepted?
- List of the relevant national legislation
- Are the following use cases deemed as written legal statements / legal statements legally binding if the law requires written form in your jurisdiction?
jurisdiction
1. Definition and formal requirements of written legal statements or legal statements legally binding if the law requires written form
An agreement is made solely based on an offer and acceptance, subject to the specific provisions laid down for the conclusion of the agreement. It requires an expression of intent, which may be made orally, in writing, by a commonly used sign, or by taking a stand, which in the circumstances leaves no doubt regarding the intent therefrom. (Article 69-70 of the Civil Code (Royal Decree 29/2013)).
2. Examples for legal statements and contracts where written form is required
(i) Issuing court proceedings, judicial announcements, notices of subpoenas, search warrants, arrest warrants, judicial verdicts; (ii) any document, which the law requires to be ratified by a notary public such as a power of attorney; and (iii) the signing of any document, which needs to be witnessed by a government official (including a share transfer agreement and a commercial mortgage, each of which needs to be witnessed by a Ministry of Commerce and Industry (MOCI) official and the sale of land and a legal mortgage over land, which need to be witnessed by a Ministry of Housing (MOH) official).
3. Are there special legal provisions for digital archiving and storage of electronic documents? If yes, please describe them
Article 8 of the Electronic Transactions Law (Royal Decree 69/2008 as amended) sets out that where Omani law requires the retention of any document for any reason, such a requirement may be met by retaining such document in its electronic form, provided that:
- such document is retained electronically in the form it originated or was sent or was received or in a form capable of proving accurately that it is in its original form;
- such document remains retained in a way to render it accessible, usable and retrievable for subsequent reference; and
- it is retained in a way to enable the identification of its origin and destination and the date and time in which it has been sent or received.
In addition to saving the document electronically in accordance with the above, we would also advise retaining a hardcopy of the e-signed document for safekeeping.
4. Main and relevant court practices
To our knowledge, no case has been brought to the courts relating to e-signatures. In addition, the courts do not accept or use e-signatures in relation to court proceedings (as detailed below).
5. In which cases are documents only with wet ink signatures accepted?
- Issuing court proceedings, judicial announcements, notices of subpoenas, search warrants, arrest warrants, judicial verdicts;
- any document, which the law requires to be ratified by a notary public such as a power of attorney; and
- the signing of any document, which needs to be witnessed by a government official (including a share transfer agreement and a commercial mortgage, each of which needs to be witnessed by a MOCI official and the sale of land and a legal mortgage over land, which need to be witnessed by a MOH official).
6. List of the relevant national legislation
Electronic Transactions Law (Royal Decree 69/2008 as amended)
7. Are the following use cases deemed as written legal statements / legal statements legally binding if the law requires written form in your jurisdiction?
Please note eIDAS Regulations are not applicable in Oman.
1. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) and with a time stamp | Yes |
|---|---|
2. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) without a time stamp | Yes |
3. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) and with a time stamp | Yes |
4. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) without a time stamp | Yes |
5. Electronic document signed with advanced biometric signature | Yes |
6. Electronic document signed with a simple, standard electronic signature (SES) | Yes |
7. Scanned electronic version of the original paper-based document with handwritten signature sent as an attachment in ordinary e-mail without an electronic signature, but with standard e-mail signature panel | Yes |
8. Legal statement sent as a text of an ordinary e-mail without an electronic signature, but with a standard e-mail signature panel | Yes |
9. Legal statement sent in an SMS | No |
10. Electronic document with a copy-pasted image of a handwritten signature, sent as an attachment of an ordinary e-mail | Yes |
11. Electronic document with the typed name of the signer and sent as an e-mail attachment | Yes |
12. Electronic legal statement sent in a social-media message sending application (e.g. Messenger, Viber, LinkedIn, Facebook message, etc.) | No |
13. Electronic legal statement sent in a chat application | No |
14. Electronic document created on an electronic platform ensured by the other party requesting the legal statement (without an electronic signature) by another party whom the operator of the platform granted access | No |
15. Electronic document signed in DocuSign/Adobe Sign with a simple standard electronic signature (no QES or AdES) | Yes |
16. Electronic document signed with a qualified electronic seal as defined in the eIDAS Regulation | N/A |
17. Agreements accepted by the other party online, by ticking a checkbox or by clicking on a button ("click on agreements") | Yes |
