eSignature Legality Guide
eSignature Legality in Egypt
Electronic signatures have been legally recognized in Egypt since 2004, following the enactment of the E-Signature Law.
E-Signature Legality Summary
According to Egyptian law, a handwritten signature is not required for all valid contracts. Contracts are generally enforceable if the parties are legally competent and reach an agreement, whether that agreement is made verbally, electronically, or in writing (see Articles 89 and 90 of the Egyptian Civil Code and Article 69 of the Egyptian Trade Law). Article 14 of the Egyptian E-Signature Law specifically states that contracts cannot be denied enforceability solely because they are concluded electronically, provided the technical requirements of the E-Signature Law are met. To establish a valid contract, parties may need to present evidence in court. In general, electronic signatures certified by the Information Technology Industry Development Authority (“ITIDA”) are automatically admissible as evidence under Article 14 of the E-Signature Law.
Use Cases for Standard Electronic Signature (SES)
Typical scenarios where SES is appropriate include:
- QES is the only form of e-signature accepted by courts
Use Cases for Other Types of Electronic Signature (e.g. Digital Signature, AES
Situations where a type of electronic signature other than SES may be necessary include:
- QES - Human resources documents, such as employment contracts, benefits forms, and onboarding paperwork
- QES - Business agreements between companies, including NDAs, procurement contracts, and sales agreements
- QES - Consumer contracts, such as documents for opening new retail accounts
- QES - Real estate documents, including lease agreements, purchase and sale contracts, and other related paperwork for residential and commercial properties
- QES - Non-exclusive intellectual property licenses, including for patents, copyrights, and trademarks
- QES - Documents related to incorporation and post-incorporation services
Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Certain transactions are specifically excluded from digital or electronic processes, or require explicit procedures such as handwritten (wet ink) signatures or formal notarial acts, which are generally not compatible with electronic signatures or digital transaction management.
- Contracts and deeds for the transfer of real property (excluding lease contracts and other real estate-related agreements, which may be validly signed via DocuSign)
- Transfers of intangible property
[1] An AES, or “advanced electronic signature,” is a type of electronic signature that must: (a) be uniquely linked to the signer; (b) be capable of identifying the signer; (c) be created using means under the sole control of the signer; and (d) be connected to the signed data so that any changes can be detected.
[2] A QES is a specific form of digital signature that meets government requirements, including the use of a secure signature creation device, and is certified as ‘qualified’ by the government or an authorized entity.
Local Technology Standards
Egyptian law recognizes qualified electronic signatures (QES) that are certified by the Information Technology Industry Development Authority (“ITIDA”) as legally valid and automatically admissible as evidence under Articles 14 and 15 of the E-Signature Law. Other types of signatures may also be accepted if they comply with Egyptian evidence law (such as being uniquely linked to the signatory, under the signatory’s sole control, and allowing detection of changes to the data).
Further information about ITIDA, its establishment, regulations, and authority is available.
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: November 1, 2019