A recent circular issued by the Prime Ministry emphasizes the necessity of adopting digital signatures in official government transactions, linked to a digital authentication certificate issued by the Ministry of Digital Economy and Entrepreneurship. This circular aims to develop and modernize electronic services across all ministries, government departments, public institutions and bodies, universities, municipalities, and public sector companies that coordinate their efforts with the Jordanian Ministry of Digital Economy and Entrepreneurship.
It is worth noting that Jordanian law grants electronic signatures the same legal validity as traditional signatures, provided they comply with specific regulations and conditions stipulated in the law for their adoption and authentication. Article 15 of the Jordanian Electronic Transactions Law No. 15 of 2015 outlines four conditions for the validity of an electronic signature:
1. The signature must be unique to the signatory, distinguishing them from others.
2. The signature must identify the signatory.
3. The private key must be under the control of the signatory at the time of signing.
4. The signature must be linked to the electronic record in a way that prevents any modification to that electronic record after it has been signed without altering the signature itself. Article 16 of the same law stipulates the entities authorized to issue electronic signature certificates, which are:
1. A licensed electronic certification authority in the Kingdom.
2. An accredited electronic certification authority.
3. Any governmental entity, whether a ministry, official public institution, public corporation, or municipality, approved by the Council of Ministers, provided it meets the requirements of the Telecommunications Regulatory Commission.
4. The Ministry of Digital Economy and Entrepreneurship.
5. The Central Bank of Jordan with regard to electronic banking or financial transactions.
Lawyer Dr. Nadia Al-Anani – Mu’ayyad Hassan – Legal Research Intern