The Law Statement: This is a statement defining the specific law or regulation.? Responsibilities: Who is responsible for various actions withing the government?? Enforcement:

[footnoteRef:2]** [2: **This is an unofficial translation and in the event of any conflict or discrepancy between the English text and the Arabic text, the Arabic text shall prevail.]

Legislative Decree No. 54 of 2018

Promulgating the Electronic Communications and Transactions Law

We, Hamad Bin Isa Bin Salman Al-Khalifa, the King of the Kingdom of Bahrain,

Having perused the constitution, particularly section 38 thereof;

The Civil and Commercial Procedural Law promulgated by Legislative Decree No. 12 of 1971 (as amended);

Legislative Decree No. 14 of 1971 in respect of Notarization, as amended by Legislative Decree No. 37 of 2017;

The Penal Code promulgated by Legislative Decree No. 15 of 1976 (as amended);

The Law of Commerce promulgated by Legislative Decree No. 7 of 1987 (as amended);

The Law of Evidence in Civil and Commercial Matters promulgated by Legislative Decree No. 14 of 1996 (as amended);

The Civil Code promulgated by Legislative Decree No. 19 of 2001, as amended by Law No. 27 of 2017;

The Commercial Companies Law promulgated by Legislative Decree No. 21 of 2001 (as amended);

Legislative Decree No. 28 of 2002 in respect of the Electronic Transactions Law (as amended);

The Criminal Procedural Law promulgated by Legislative Decree No. 46 of 2002 (as amended);

The Telecommunications Law promulgated by Legislative Decree No. 48 of 2002, as amended by Legislative Decree No. 38 of 2017;

Law No. 46 of 2006 in respect of the Identity Card;

The Central Bank and Financial Instructions Law promulgated by Law No. 64 of 2006 (as amended);

Law No. 35 of 2012 in respect of the Consumer Protection;

Law No. 16 of 2014 in respect of the Protection of Information and Documents of the State;

Law No. 60 of 2014 in respect of the Information Technology Crimes;

Law No. 2 of 2017 in respect of the Ratification of the Arab Treaty on Combating Information Technology Crimes; and

The Personal Data Protection Law promulgated by Law No. 30 of 2018;

Furthering to tabling by the Prime Minister; and

Upon approval of the Council of Ministers;

We have decreed the following:

Article One

The accompanying law shall apply in respect of Electronic Communications and Transactions.

Article Two

1. The provisions of the Law of Evidence in Civil and Commercial Matters promulgated by Legislative Decree No. 14 of 1996 shall be applicable in respect of all matters that are not specifically provided for under this law.

1. Any electronic record, electronic signature created and electronic transaction, made in accordance with Legislative Decree No. 28 of 2002 with respect to the Electronic Transactions Law, shall remain valid after this law enters into force.

1. Until implementing regulations are issued pursuant to this law, regulations issued pursuant to Legislative Decree No. 28 of 2002 with respect to the Electronic Transactions Law shall remain applicable to the extent that they are not inconsistent with the provisions of this law.

1. All decisions made before this law enters into force, in respect of domain name registration shall, to the extent that these are not inconsistent with the provisions of this law, remain valid until the term of the respective registration expires.

Article Three

Legislative Decree No. 28 of 2002 with respect to the Electronic Transactions Law shall be repealed. Any provision in any law that is inconsistent with the provisions of this law shall also be repealed.

Article Four

The Prime Minister and the Ministers shall each – in his respective capacity – be charged with the implementation of this Law which shall come into force on the first day of the month that follows sixty (60) days after the date of its publication in the Official Gazette.

Issued in Rifa'a Palace:

Date: 20 Rabeea Al'Awal 1440H

Corresponding: 28 November 2018

The Electronic Communications and Transactions Law

1. Definitions

In this Law, the following terms and expressions shall have the corresponding meaning provided hereunder against each unless the context requires otherwise:

Competent administrative agency: the administrative agency designated in a decree;

Competent authority: the Minister or the head of the competent administrative agency;

Electronic record: information generated, communicated, received or stored by electronic means and includes, where appropriate, all information logically associated with or otherwise linked together so as to become part of the record, whether generated contemporaneously or not;

Electronic: using means which are electrical, magnetic, electromagnetic, optical, biometric, photonic or any other similar form of technology;

Electronic agent: a computer programme or any other electronic means used to initiate an action or to respond to electronic records or actions, in whole or in part, without review or actions by a natural person at the time of the action or response;

Trust services: electronic services related to electronic signatures, electronic seals, electronic time stamps, electronic registered delivery and website authentication;

Trust service provider: a person who provides one or more trust services;

Accredited trust service provider: a trust service provider who is accredited under Section (20) or (21) of this law to provide one or more of the trust services;

Certificate service provider: a trust service provider that issues certificates;

Communication: any statement, declaration, acknowledgement, notice or request, including an offer and the acceptance of an offer made in the course of concluding a contract;

Electronic communication: any communication that a party makes by means of electronic records;

Electronic seal: data in electronic form, which is attached to or logically associated with an electronic record to ensure the latter’s integrity and origin;

Secure electronic seal: an electronic seal that is:

1. Uniquely linked to the creator of the seal;

1. Capable of identifying the creator of the seal;

1. Created using electronic seal creation data that the creator of the seal can use, with a high level of confidence, under its control; and

1. Linked to the electronic record to which it relates in such a way that any subsequent change in the electronic record is detectable; and

1. Created by a secure electronic seal creation device, issued by a service provider who is accredited for that purpose, and that is based on a secure electronic seal.

Electronic seal creation data: unique data, which is used by the creator of the electronic seal to create an electronic seal;

Electronic seal creation device: configured software or hardware used to create an electronic seal;

Secure electronic seal creation device: an electronic seal creation device which meets the requirements set out in a regulation issued by the competent authority;

Certificate for electronic seal: an electronic attestation that links electronic seal validation data to a person and confirms the name of that person;

Secure certificate for electronic seal: a certificate for electronic seal, issued by a trust service provider accredited for such purpose, that meets the requirements set out in a regulation issued by the competent authority;

Electronic signature: data in electronic form in, attached to or logically associated with, an electronic record, which may be used to identify the signatory in relation to the electronic record and to indicate the signatory’s intention in respect of the information contained in the electronic record;

Secure electronic signature: an electronic signature that is:

1. Uniquely linked to the signatory;

1. Capable of identifying the signatory;

1. Created using electronic signature creation data that the signatory can use, with a high level of confidence, under its sole control;

1. Linked to the electronic record signed therewith in such a way that any subsequent change in the electronic record is detectable; and

1. Created by a secure electronic signature creation device, issued by a service provider who is accredited for that purpose, and that is based on a secure electronic signature.

Electronic signature creation data: unique data which is used by the signatory to create an electronic signature;

Electronic signature creation device: configured software or hardware used to create an electronic signature;

Secure electronic signature creation device: an electronic signature creation device which meets the requirements set out in a regulation issued by the competent authority;

Certificate for electronic signature: an electronic attestation which links electronic signature validation data to a natural person and confirms the name of that person;

Secure certificate for electronic signature: a certificate for electronic signature, issued by a trust service provider accredited for such purpose, which meets the requirements set out in a regulation issued by the competent authority;

Certificate: a certificate for electronic signature, electronic seal or website authentication;

Certificate for website authentication: an electronic attestation that authenticates a website and links that website to the person to whom the certificate is issued;

Secure certificate for website authentication: a certificate for website authentication, issued by a trust service provider accredited for such purpose, which meets the requirements set out in a regulation issued by the competent authority;

Personal identification data: a set of data enabling the establishment of the identity of a natural, or a natural person representing a private or public legal person or other public body;

Electronic identification: the process of using personal identification data in electronic form uniquely representing either a natural person, or a natural person representing a private or public legal person or other public body;

Electronic identification means: a material and/or immaterial unit containing personal identification data and which is used for authentication for an online service;

Electronic identification scheme: a system for electronic identification under which electronic identification means are issued to natural persons, or natural persons representing private or public legal persons or other public bodies;

Electronic registered delivery service: a service that provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, damage or any unauthorized alterations;

Secure electronic registered delivery service: an electronic registered delivery service, provided by a trust service provider accredited for this purpose, which meets the requirements set out in a regulation issued by the competent authority;

Electronic time stamp: data in electronic form which binds an electronic record to a particular time establishing evidence that the latter data existed at that time;

Secure electronic time stamp: an electronic time stamp which satisfies the requirements set out in a regulation issued by the competent authority;

Information: data, text, images, shapes, sounds, codes, computer programs, software, databases and similar matters;

Information system: an electronic system for generating, sending, receiving, storing, displaying or processing electronic records;

Originator: a person by whom, or on whose behalf, the electronic record has been generated or sent prior to storage, if any, but not a person acting as an intermediary with respect to that electronic record;

Addressee: a person who is intended by the originator to receive the electronic communication but does not include a person acting as an intermediary with respect to that electronic communication;

Intermediary: a person who, on behalf of another person, sends, receives, transmits or stores the electronic record or provides other services with respect to that electronic record;

Signatory: a person that holds signature creation data and acts either on its own behalf or on behalf of the person it represents by using such data to create an electronic signature;

Person: any natural persona, private or public legal person or other public body;

Record: information that is inscribed on a tangible medium or that is stored in an electronic, or any other medium and is retrievable in an intelligible form;

Validation: the process of verifying and confirming that an electronic signature or an electronic seal is valid;

Validation data: data that is used to validate an electronic signature or an electronic seal; and

Consumer: any natural person who is acting for purposes which do not fall within the scope of commerce;

1. Scope of Application

1. This law shall apply to all transactions and dispositions of all types. It shall also apply to negotiable instruments and negotiable documents in the form of electronic record to the extent and subject to provisions under laws specific to such instruments and documents.

1. This law does not override any rule prescribed pursuant to any law for the protection of consumers.

1. Acceptance of Non-Public Bodies

of Electronic Transactions, Electronic Communications

and Trust Services

1. Except where any law expressly provides otherwise, this law does not require any person without its express consent to engage in electronic transactions, send or receive electronic communication or use or accept any electronic trust service. Notwithstanding the foregoing, except for public bodies, consent may be inferred from the person’s positive conduct.

1. This law does not prohibit any person who wishes to be engaged in electronic transaction from establishing reasonable requirements that would ensure its acceptance of engaging in electronic transaction, sending or receiving electronic communications or using or accepting any other trust service.

1. Acceptance of Public Bodies of

Electronic Transactions, Electronic Communications

and Trust Services

1. The consent of a public body to be engaged in electronic transactions, send or receive electronic communications or use or accept any electronic trust service shall be subject to regulations issued in this respect, by the competent minister or head of the relevant public body as the case may be. The regulation shall prescribe the extent and the scope of consent to sending and receiving electronic communications together with any administrative requirements to be observed.

1. Any consent issued in accordance with subsection (a) shall be subject to compliance with the technical requirements prescribed in a regulation issued by the Minister or head of the competent administrative agency for information technology networks and systems of the government entities.

1. The provisions of the preceding subsections do not derogate from the provisions of any law that expressly prohibit the use of electronic communications, or trust services, or requires them to be used in a particular manner. For the purpose of applying this sub-section, it shall not constitute a prohibition on the use of electronic communication or a trust service a provision in any other law merely requiring that the information or documents are evidenced in writing or to be signed.

1. Evidential Weight of Electronic Records

1. Electronic records shall have, in the context of civil and commercial transactions, the same evidential weight accorded to private documents, and shall have the same evidential weight accorded to public documents under the Law of Evidence in Civil and Commercial Matters where they meet the conditions prescribed therein, other conditions prescribed under this law and a regulation issued by the competent authority after coordinating with the competent Minister for justice affairs.

1. Information included in electronic records shall not be denied legal effect, validity or enforceability, solely on the grounds that it is wholly or partly in the form of an electronic record or referred to in such record.

1. Where the law requires information to be in writing, that requirement is met by an electronic record that contains the information provided that the information contained therein is accessible so as to be usable for subsequent reference.

1. In assessing the evidential weight of an electronic record, regard shall be had to the following:

1. The reliability of the manner in which the electronic record was generated, stored or communicated;

1. The reliability of the manner in which the electronic record was signed;

1. The reliability of the manner in which the integrity of the information was maintained; and

1. Any other factors relevant to the integrity of the electronic record.

1. Electronic Signatures

1. Where the law requires a party’s signature, an electronic signature affixed to an electronic record meets the requirements of the law, if a method is used to identify that party and to indicate that party’s intention in respect of the information contained in that record, and where that method used is either as reliable as appropriate for the purpose, for which the electronic record was generated or communicated, in light of the relevant circumstances; or proven in fact to have fulfilled the function described in this sub-section either by itself or together with further evidence.

1. The relevant circumstances referred to under subsection (a) may include:

1. Any operational rules relevant to the assessment of reliability of the system;

1. The assurance of data integrity;

1. The ability to prevent unauthorized access to and use of the system;

1. The security of hardware and software systems;

1. The regularity and extent of audit of the system by an independent body;

1. The existence of a declaration by a supervisory body, an accreditation body or a voluntary scheme regarding the reliability of the method;

1. Any applicable industry standards; and

1. Any relevant agreement.

1. Evidential Presumptions

1. Where a secure electronic signature certificate is used to sign an electronic record, it shall be presumed, until evidence to the contrary is adduced, that:

1. Such electronic signature is the signature of the person to whom it correlates by virtue of the certificate;

1. Such electronic signature was affixed by that person named in the certificate for the purpose of signing that electronic record; and

1. The electronic record has not been altered since the specific point in time at which the electronic signature was affixed.

1. Where a secure electronic seal is used to seal an electronic record, until evidence to the contrary is adduced, the integrity of the electronic record and of correctness of the origin of that electronic record to which the secure electronic seal is linked shall be presumed.

1. Where a secure electronic time stamp is placed on an electronic record, until evidence to the contrary is adduced, the accuracy of the date and the time it indicates and the integrity of the electronic record to which the date and time are bound, shall be presumed.

1. Where an electronic record is sent and received using a secure electronic registered delivery service, until evidence to the contrary is adduced, the integrity of the electronic record, the sending of that electronic record by the identified sender, its receipt by the identified addressee and the accuracy of the date and time of sending and receipt indicated by the secure electronic registered delivery service shall be presumed.

1. Originals of Documents, Records and Information

1. A legal requirement to retain or provide the original of a document, record or information in electronic form is satisfied where:

1. There exists a reliable assurance as to the integrity of the information contained in the electronic record, from the time it was made in its final form, whether such information was in its original form in a document in writing or as an electronic record;

1. Where the document, record or information is to be provided to a specific person, the electronic record that is provided to the person is capable of being displayed to such person; and

1. The relevant public body, which has jurisdictional oversight over the relevant activity, has consented to the provision or retention in the form of an electronic record and any additional requirements specified in a regulation by such competent public body in respect of the provision and retention are complied with.

1. For the purpose of paragraph (1) of subsection (a):

1. The criterion for assessing integrity is whether the information in the electronic record has remained complete and unaltered, apart from the introduction of changes that arise in the normal course of communication, storage and display of the information; and

1. The standard of reliability shall be assessed in light of all the circumstances in which, including the purpose for which, the record was generated.

1. A person may satisfy the requirement referred to in subsection (1) by using the services of any other person.

1. Legal Requirements for One or More Copies

Where multiple copies of the same document are required by the parties or under the law, this requirement is satisfied by providing an electronic record containing the information which that document must contain.

1. Retention of Documents, Records or Information

1. A legal requirement to retain any documents, records or information is satisfied by retaining the document, information or record in the form of an electronic record if the following conditions are met:

1. The information in the electronic record that is retained is accessible so as to be usable for subsequent reference;

1. The electronic record is retained in the format in which it was originally generated, sent or received, or in a format that may be proven to be accurately representing the information originally generated, sent or received;

1. Where the document, record or information to be retained was sent or received electronically, the information – if any – that identifies its origin and destination and the date and time when it was sent or received is retained; and

1. The competent public body, which has jurisdictional oversight over the relevant activity, has consented to the retention in the form of an electronic record and any additional requirements specified in a regulation by such competent public body in respect of the retention are complied with.

1. An obligation to retain any document, record or information in accordance with paragraph (3) of subsection (a) shall not extend to any information necessarily and automatically generated solely for the purpose of enabling a record to be sent or received.

1. A person may satisfy the requirement referred to in subsection (a) by using the services of any other person.

1. Formation of Contracts

In the context of the formation of contracts, unless otherwise agreed by the parties, an offer, the acceptance of an offer and any variation or withdrawal of the offer or acceptance may be expressed in whole or in part by means of electronic communications.

1. Invitation to Make Offers

A proposal to conclude a contract made through one or more electronic communications which is not addressed to one or more specific parties, but is generally accessible to parties making use of information systems, including a proposal that makes use of interactive applications for the placement of orders through such information systems, is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance.

1. Declaration of Intent

As between the originator and the addressee, a declaration of intent shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of an electronic communication.

1. Electronic Agents

1. A contract formed by the interaction of an electronic agent and a natural person, or by the interaction of electronic agents, shall not be denied validity or enforceability on the sole ground that no natural person reviewed or intervened in each of the individual actions carried out by the electronic agent or the resulting contract.

1. Where a natural person makes an input error in an electronic communication exchanged with the electronic agent of another party and the electronic agent does not provide the person with an opportunity to correct the error, that natural person, or the party on whose behalf that person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made if:

1. The natural person, or the party on whose behalf that person was acting, notifies the other party of the error as soon as possible after having learned of the error and indicates that he made an error in the electronic communication; and

1. The natural person, or the party on whose behalf that person was acting, has not used any goods or services he may have received or obtained any material benefit or value from such goods or services.

1. The notification required under paragraph (1) of subsection (b) only applies where the other party has provided the natural person, or the party he is acting on behalf, with the information necessary for communicating with such other party.

1. Acknowledgement of Receipt of Electronic communications

1. Where, on or before sending an electronic communication, the originator has requested or has agreed with the addressee that receipt of the electronic communication be acknowledged:

1. If the originator has not agreed with the addressee that the acknowledgement of the receipt of the electronic communication be given in a particular form or by a particular method, an acknowledgement may, provided that it is sufficient to indicate to the originator that the electronic communication has been received, be given by any conduct of the addressee or any communication by the addressee, automated or otherwise.

1. If the originator has stated that the electronic communication is conditional on receipt of an acknowledgement, the electronic communication is treated as though it has never been sent until the acknowledgement is received; or

1. If the originator has requested an acknowledgement of receipt but has not stated that the validity of the electronic communication is conditional on receipt of an acknowledgement, within a time specified or agreed or, if no time has been specified or agreed, within a reasonable time, the originator may give notice to the addressee stating that no acknowledgment has been received and specifying a reasonable time by which the acknowledgment must be received; and if the acknowledgement is not received within the time specified the originator may, upon notice to the addressee, treat the electronic communication as though it had never been sent, or exercise any other rights the originator may have under the law.

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