We Abdallah II Ibn El Hussein, King of the Hashemite Kingdom of Jordan, after
taking cognizance of Paragraph (l) of Article (94) of the Constitution and
pursuant to the decision made by the Council of Ministers on 11 December 2001,
endorse, in accordance with Article (31) of the Constitution, the following
provisional Law and order its issuance, execution and addition to the Laws of
the State, provided that it is submitted to Parliament at the first meeting it holds.
ELECTRONIC TRANSACTIONS LAW N0 (85) OF 2001.
Article (1)
This Law shall be called the “Electronic Transactions Law” and shall be put into
effect after the lapse of three months from the date of its publication in the
Official Gazette.
Article (2)
The following words and expressions, wherever stated in this Law, shall have the
meanings assigned thereto hereunder unless the context provides otherwise:
Transactions: Procedure/s, applied between two
parties or more for establishing
obligations upon one party, or mutual
obligations between more than one
party in relation to a business
transaction, or a civil obligation, or a
relationship with any government
department.
Electronic Transactions: Transactions implemented by
electronic means.
Electronic: The technique of the use of electrical,
magnetic, photic or electro-magnetic
means or any other similar means in
the interchange and storage of
information.
Information: Data, texts, pictures, illustrations,
sounds, symbols, databases, computer
software and the like.
Electronic Data Interchange (EDI): Electronic transfer of information
from one person to another using
information systems
Data Message: Information generated, sent, received
or stored by electronic or similar
means, including Electronic Data
Interchange (EDI), or the exchange of
electronic mail, telegram, telex or
telecopy.
Electronic Record: Data messages, contracts, or records
generated, sent, received or stored by
electronic means.
Electronic Contract: Agreement firmed by electronic means,
in whole or in part.
Electronic Signature: Electronic, numeric or photic data or
others taking the shape of letters,
numbers, symbols, or signs, or the like
in a data message or added or related
thereto, having a shape identifying the
person who timed or distinguished it
from others for reasons of the person’s
signature and the approval of content.
Information System The electronic system used to generate
data messages or sending or receiving
or storing/ saving or preparing by
other means.
Electronic Intermediary: The computer software or any other
electronic means used for
implementing a procedure or
responding thereto for the purpose of
generating, sending, or receiving a data
message without any personal
interference.
Originator: A person, who by himself, or
deputizing for another person,
generates or sends a data message
before the message is received or
stored by the addressee.
Addressee: The person who is intended by the
originator to receive the data message.
Authentication Procedures: The procedures followed for the
purpose of verifying that the electronic
signature or electronic record has been
implemented by a certain person, or
tracking alterations and errors
committed in the electronic record
after its establishment, including
logarithms, symbols, identifying words
and numbers, deciphering, decryption
and any other means or procedures
that are conducive to the achievement
of the required objective.
Authentication Certificate: The certificate issued by the competent
licensing authority for the purpose of
verifying electronic signature of a
specific person in accordance with the
approved authentication procedures.
Identification Symbol: The symbol specified by the competent
licensing authority for the purpose of
authenticating electronic contracts of
the person for the use thereof by the
addressee for the purpose of
distinguishing the records issued by
that person or others.
Financial Institution Licensed bank or financial institution
allowed to make financial transfers in
accordance with the provisions of the
Laws in force.
Illegal Record: Any financial record on the client’s
account as a result of an electronic
message sent in the client’s name
without his knowledge, approval or
authorization thereof.
Chapter 1: General Provisions
Article (3)
A- The aim of this Law is to facilitate the use of electronic means in
transactions’ procedures, with due regard to all other Laws and
without amending or deleting any of these provisions.
B- International commercial customs involving electronic
transactions and the scale of progress in the techniques of
interchange thereof shall be taken into account at the application
of the provisions of this Law.
Article (4)
The provisions of this Law shall apply to the following:
A- Electronic transactions, electronic records, electronic signatures
and any electronic data messages.
B- Electronic transactions approved by any governmental
department or official ins titutions, in whole or in part.
Article (5)
A- Unless a provision in this Law states otherwise, the provisions of
this Law shall apply to the transactions on which the parties
thereto agree to implement the transactions thereof through
electronic means.
B- For the purposes of this Article, agreement between certain parties
to proceed with specific transactions by means of electronic
methods shall not be binding to other transactions.
Article (6)
The provisions of this Law shall not apply to:
A- Contracts, instruments or documents that are drafted in
accordance with special legislation in a certain format or in
accordance with specific measures, such as the following:
1- Establishing and amending wills.
2- Establishing and amending the conditions of the
Waqf.
3- Transactions disposing of immovable property,
including agencies pertaining thereof, their title
deeds, and establishing real rights, excluding lease
contracts.
4- Agencies and transactions relating to civil status.
5- Notices relating to canceling or revoking water,
electricity, health insurance and life insurance
contracts.
6- Bills of indictment, court proceedings, judicial
notification notices and courts decisions.
B- Securities, unless provided under special regulations issued by the
competent authorities in accordance with the Securities Law in
force.
Chapter 2: Electronic Records, Contracts, Messages and Signatures
Article (7)
A- The electronic records, contracts, messages, and signatures shall
be considered to produce the same legal consequences resulting
from the written documents and signatures in accordance with
the provisions of the Laws in force in terms of being binding to
the parties concerned or in terms of fitness thereof as an
evidential weight.
B- The legal consequence stated in Paragraph (A) of this Article
shall not be excluded for reasons of conducting the transaction
by electronic means so long as it complies with the provisions of
this Law.
Article (8)
A- The electronic record shall fulfill its evidential weight and shall
have the strength of the original copy if it fulfills the following
conditions:
1. That the information stated in that record may be
retained and stored and may be referred to at any
time.
2. The possibility of retaining the electronic record in
the form it had been generated, sent, received or in
any form that may prove that it accurately
represents the information stated in the record
during the generation, sending or receiving thereof.
3. That the information stated in the record is enough
to verify its origin, receiving and sending parties and
the date and time of sending and receiving.
B- The conditions stated in Paragraph (A) of this Article shall not
apply to the information contained in the record if the purpose
of this information is to facilitate the sending or receiving of the
information.
C- The originator or the addressee may use a third party to fulfill
the requirements of Paragraph (a) of this Article.
Article (9)
A- If the parties agree on conducting the transaction through
electronic means and where the legislation requires presenting,
sending or receiving information to a third party in writing, the
submission, sending or receipt of the information through
electronic means shall fulfill the requirements of such legislation
if the addressee is capable of typing and storing this information
and referring back thereto at a subsequent time through the
accessible means.
B- If the sender impedes the possibility of typing, storing and
retaining the electronic record by the addressee, the record shall
not be binding to the addressee.
Article (10)
A- When legislation, in force, requires a written signature on the
document or provides consequences for lack of signature, that
requirement is met by the presence of the electronic signature on
the electronic record.
B- The validity of the signature shall be proven and attributed to
the person signing the electronic record when there is a method
to identify that person and to indicate his approval of the
information contained in the electronic record that carries his
signature, if that method is reliable for this purpose in light of
the circumstances relating to the transaction, including the
parties’ agreement to using this method.
Article (11)
An electronic record may be retained if any legislative provision in force
stipulates the retention of a written document for the purpose of documentation,
evidence, auditing or any other similar objective, unless legislation thereafter
stipulates that the record must be retained in writing.
Article (12)
The provisions stated in Articles (7) to (11) of this Law may not be binding in the
following cases:
A- If the legislation in force requires that a certain information be
sent or presented to any related person in writing and the
legislation allows agreement to the contrary.
B- If there is agreement to send or present specific information
through class mail, courier mail or surface mail.
Article (13)
The electronic message shall be considered as a means of expressing the will
legally admissible for offer or acceptance for contractual intent.
Article (14)
The electronic message shall be deemed to be issued by the originator if it was
sent by the originator or through a person working on his behalf, for his
account and in the originator’s name, or through an electronic intermediary.
Article (15)
A- The addressee is entitled to regard the message as issued by the
originator and shall act on such if one of the following conditions is
met:
1- If the addressee uses an information system, which
he has previously agreed to with the originator for
that purpose so as to verify that the electronic
message was issued by the originator.
2- If the message received by the addressee was the
result of procedures carried out by a person
subordinate to the originator or a person acting on
his behalf, provided that this person is authorized to
have access to the electronic method used by either
one to determine the originator’s identity.
B- The provisions of Paragraph (A) of this Article shall not apply in
the following two cases:
1- If the addressee has received a notice from the
originator informing him that the electronic message
was not issued by him. The addressee shall act on the
grounds that the message was not issued by the
originator. The originator shall be liable to any
claims prior to the notice.
2- If the addressee knew or had the capability to know
that the message was not issued by the originator.
Article (16)
A- Where the originator has requested in the electronic message or
has agreed with the addressee to acknowledge receipt of that
message, the addressee’s sending of such acknowledgement
through electronic means or any other means or taking any action
or measures thereby indicating the receipt of the message shall be
deemed as fulfillment of that request or agreement.
B- Where the originator has stated that the consequence of the
electronic message is conditional to his receipt of acknowledgement
from the addressee that he has received that message, the message
shall be treated as though it has never been sent until the
acknowledgement is received.
C- Where the originator has requested from the addressee an
acknowledgement of receipt and has not specified a time limit for
such and where the originator has not made the consequence of the
electronic message conditional to his receipt of such
acknowledgement, the originator may, if he has not received
acknowledgement within a reasonable time, give notice to the
addressee to send the acknowledgement within a specified time. If
the originator does not receive acknowledgement within the
specified time, the message shall be deemed null and void.
D- The receipt of acknowledgement does not in itself constitute proof
that the content of the message received by the addressee
corresponds to the content of the message sent by the originator.
Article (17)
A- Unless otherwise agreed between the originator and the addressee,
the dispatch of a data message shall occur when it enters an
information system outside the control of the originator or the
person who sent the data message on behalf of the originator.
B- If the addressee has designated an information system for the
purpose of receiving electronic messages, the message shall be
deemed to have been actually received upon its entry into such a
system. However, if the message is sent to a system other than the
designated system, the message shall be deemed to have been
received upon the addressee’s retrieval of the message for the first
time.
C- If the addressee has not designated an information system for the
purpose of receiving electronic messages, the message shall be
deemed to have been received at the time of the message’s entry
into any information system belonging to the addressee.
Article (18)
A- Unless otherwise agreed between the originator and the addressee,
the electronic message shall be deemed to be dispatched at the
place where the originator has its place of business, and shall be
deemed to be received at the place where the addressee has its
place of business. If neither one has a place of business, its habitual
residence shall be deemed to be its place of business.
B- Where the originator or the addressee has more than one place of
business, the place of dispatch or receipt shall be that which has
the closest relationship to the underlying transaction. When it
becomes impossible to be preponderant, the principal place of
business shall be deemed to be the place of dispatch or receipt.
Chapter 3: Transferable Electronic Documents
Article (19)
A- An electronic document shall be transferable if the conditions of a
negotiable bond apply thereto in accordance with the provisions
of the Commercial Law with the exception of the condition
pertaining to writing, provided that the drawer has approved its
negotiability.
B- If the data contained on both sides of the check can be
repossessed, then maintaining the check electronically in
accordance with the provisions of Article (8) of this Law shall be
deemed a legal procedure.
C- Articles (20), (21), (22), (23) and (24) of this Law, shall not apply
to electronic checks unless approved by the Central Bank of
Jordan according to regulations issued for this purpose.
Article (20)
The holder of a bond shall have the authority over the transferable bond if the
information system used to generate the bond was qualified to prove the transfer
of the right of that bond and to enable the verification of the identity of the
transferee or beneficiary.
Article (21)
A- The information system shall be deemed to be qualified to prove
the transfer of the right of the bond in application of the provisions
of Article (20) of this Law if such a system allows for the
generation, maintenance and transfer of the electronic bond and if
the following two conditions combined are met:
1- That the approved copy of the transferable bond is
absolutely unalterable, with due regard to the
provisions of Paragraph (C) of this Article.
2- That the approved copy of the bond indicates the
name of the person to whose benefit the bond was
drawn, that the bond is transferable and that the
name of the beneficiary is shown.
B- The approved copy shall be sent and retained by the person who
owns the right thereto or the person with whom the copy is
deposited for the benefit of the bond’s rightful owner.
C-
1- A revised copy taken from the transferable bond on
which an alteration or addition thereto was
introduced with the approval of the rightful owner
of the bond shall be approved.
2- Each revised copy of the bond shall be marked
whether or not it was approved.
3- Each copy taken from the approved copy should be
identified as a copy identical to the approved copy.
Article (22)
Unless otherwise agreed, the holder of an electronic bond shall be the rightful
owner of a transferable bond and shall enjoy all the rights and claims entitled to
the holder of the ordinary bond defined in the legislation in force if all conditions
thereof are met.
Article (23)
The debtor of a transferable bond shall enjoy all the rights and claims enjoyed
by a debtor of a paper transferable bond.
Article (24)
If a person objects to executing a transferable bond, the person requesting the
execution must submit sufficient evidence that he is the true holde r of that bond.
The foregoing evidence may include the presentation of the approved copy of the
transferable bond and the records of the other commercial activities relating to
that bond in order to verify the bond’s conditions and the identity of its holder.
Chapter 4: Electronic Transfer of Funds
Article (25)
The transfer of funds through electronic means shall be deemed as an acceptable
method of payment. This Law shall in no way affect the rights of persons
stipulated in other relevant Laws in force.
Article (26)
Each financial institution engaged in the electronic transfer of funds in
accordance with the provisions of this Law and the regulations issued thereto
shall comply with the following:
A- Act in compliance with the Central Bank of Jordan Law, the
Banks Law, and all relevant regulations and instructions issued
thereto.
B- Take the measures that can guarantee that safe services are
offered to clients and that banking confidentiality is maintained.
Article (27)
The client shall not be deemed responsible for any illegal recording in his
account through electronic transfer that occurred after he has notified the
financial institution that others might have accessed his account, or that he has
lost his card, or that others might have known his own identification number,
provided that he had requested the institution for the cessation of the electronic
transfer method.
Article (28)
Notwithstanding the provisions stated in Article (27) of this Law, the client shall
be deemed responsible for any illegal use of his account through electronic
transfer if it becomes evident that his negligence has significantly contributed to
such a situation and that the financial institution has performed its duties to
forestall any illegal use thereof.
Article (29)
The Central Bank of Jordan shall issue the instructions for regulating the
electronic transfer of funds, including the approval of the electronic means of
payment, verification of the documents pertaining to an illegal transfer,
correction of errors, disclosure of information and any other matters relevant to
the electronic banking activities, including information that financial institutions
should provide to the Central Bank.
Chapter 5: Authentication of the Record and Electronic Signature.
Article (30)
A- For the purposes of verification that the electronic record has
not been altered for a specific period of time, the record shall
be considered as authenticated from the date of verification
thereof if the verification is done through the approved
authentication procedures or the commercially acceptable
authentication procedures agreed upon by the pertinent
parties.
B- For the purposes of considering the authentication procedures
commercially acceptable, the commercial circumstances of the
parties to the transaction should be taken into consideration
when these procedures are applied. These circumstances shall
include the following:
1- The nature of the transaction.
2- The level of acknowledgment of each party to the
transaction.
3- The volume of similar commercial transactions to
which each party has been connected.
4- The availability of alternative procedures which one
of the parties refused to use.
5- The cost of the alternative procedures.
6- The customary procedures for such a transaction.
Article (31)
If as a result of applying the authentication procedures in use, it becomes evident
that these procedures were approved or commercially accepted or agreed upon
between the parties, the electronic signature shall be considered as being
authentic if it has the following attributes:
1- If it is unique in its connection to the pertinent
person.
2- Sufficient to identify its owner.
3- Generated in a manner or means specific to that
person and under his control.
4- Connected to the record related thereto in a way
that does not allow modification to that record after
signing such without altering the signature.
Article (32)
A- Unless proven otherwise, it is assumed that:
1- The authenticated electronic record has not been altered or
modified since the date of the authentication procedures.
2- The authenticated electronic signature has been issued by the
person to whom it is attributed and was encrypted thereby to
indicate his approval of the document’s content.
B- If the electronic record or signature was not authenticated, it shall not
have any legal effect.
Article (33)
The electronic record or any part thereof that carries an authenticated electronic
signature shall be deemed an authenticated record for the whole record or that
part as the case may be, if the signature was generated during the validity of the
approved authentication certificate and was verified through compliance with
the general identification number indicated in that certificate.
Article (34)
The authentication certificate that indicates the general identification number
shall be approved in the following cases:
A- If it is issued by a competent or licensed authority.
B- If it is issued by a competent or licensed authority in another
country recognized by Jordan.
C- If it is issued by a governmental department or institution or
body legally authorized for this purpose.
D- If it is issued by a body which the transaction’s parties agreed to
approve.
Chapter 6: Penalties
Article (35)
Every person who establishes, publishes, or submits an authenticated certificate
for an illegal or fraudulent objective, shall be subject to a penalty of
imprisonment for a minimum period of three months and a maximum period of
no more than two years, or a fine of no less than JD3000 and no more than
JD10000, or both penalties.
Article (36)
Any person who presents to an institution engaged in the authentication of
documents, faulty information under the intent of issuing, invalidating, or
canceling an authenticated certificate shall be subject to a penalty of
imprisonment for a period of no less than one month and no more than six
months or a fine of no less than JD1000 and no more than JD5000, or both
penalties.
Article (37)
Any institution engaged in the authentication of documents shall be penalized by
the payment of a fine amounting to JD50000 if it submits faulty information in
the registration application, or discloses the secrets of any client, or violates the
regulations and instructions that are issued in accordance with this Law.
Article (38)
Any person who commits an act that constitutes a crime pursuant to the
legislation in force through the use of electronic means, shall be penalized by
imprisonment for no less than three months and no more than one year, or a
fine of no less than JD3000 and no more than JD10000, or both. He shall be
penalized with the harsher penalty if the prescribed penalties in such legislation
are harsher than the penalty prescribed in this Law.
Chapter 7: Final Provisions
Article (39)
The Council of Ministers shall issue the decisions necessary for the
implementation of the provisions of this Law and the tasks assigned thereto.
Article (40)
The Council of Ministers shall issue all regulations needed for the execution of
the provisions of this Law, including the following:
A- Fees collected by any government department or official institution
for processing any electronic transactions.
B- The procedures related to the issuance of authenticated certificates
and the competent authority thereof as well as the fees that are
collected for this purpose.
Article (41)
The Prime Minister and Ministers shall be responsible for the implementation of
the provisions of this Law.
11 December 2001 Abdallah II Ibn El Hussein

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