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Welcome to the latest edition of Law Update titled “Rise of Generative AI.”
In this edition, we dive into the dynamic world of Technology, Media, and Telecommunications (TMT) across the Middle East and North Africa (MENA) region. TMT continues to play a vital role in positioning the region as an international business and social hub, driving significant growth and innovation.
Our focus in this Law Update is on the sector’s ongoing potential to advance and propel the region toward a more digital economy. We explore the benefits of embracing a digital transformation and how local authorities have responded by enhancing regulations to accommodate the evolving TMT landscape.
This edition covers a range of topics, including – the new Telecommunications & Information Technology Law in Saudi Arabia, the intricacies of trademarks in the Metaverse, and the legal challenges faced by the video game industry. Additionally, we take a regional perspective, discussing jurisdictions such as Kuwait, Saudi Arabia, UAE, Oman, and Bahrain to provide a comprehensive understanding of the TMT landscape.
We hope you thoroughly enjoy this packed issue of Law Update, filled with captivating articles that address key legal issues within a vital sector for the region.Read the full edition
Ramy El Demrdash
The Electronic Transactions Law does not itself pertain to a certain system, but rather provides a set of provisions relating to the use of electronic communication as a recognisable mechanism in Kuwait. The Electronic Transactions Law provides certainty for electronic transactions and allows electronic commerce to operate on the same basis as paper transactions. Prior to the issuance of the Electronic Transactions Law, it was a requirement of a paper transaction that a person:
As per the provisions of the Electronic Transactions Law, a person is now allowed to satisfy a legal requirement for a manual signature by using an electronic communication. Additionally, article 9 of the Electronic Transactions Law sets forth the conditions which give the electronic document legal effect. For example, the electronic communication must be maintained in the form in which it was created, sent and received, or in any other form which proves the accuracy of the information contained in the document as it was sent, created or received. Notwithstanding the above, the Electronic Transactions Law has exempted the following from its operation:
What is notable about the Electronic Transactions Law is that an electronic signature holds the same legal effect as a manual signature on a paper transaction. The electronic signature may refer to the information in the form of letters, numbers or symbols, which may be filled in electronically, digitally, optically, or in any other similar means, on an electronic document or register (or one added or relating thereto), which has a stamp that allows determination of the identity of the signatory and which differentiates him from others.
The Electronic Transactions Law provides that a signature shall be considered as a protected electronic signature if the following conditions are met:
The Electronic Transactions Law aims to streamline and unify the laws to allow for both the electronic retention of original paper copies, and to effectively grant legally binding status to original electronic documents and signatures.
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