- Article (1)
- Article (2)
- Article (3)
- Article (4)
- ELECTRONIC COMMERCE AND TRANSACTIONS LAW
- Chapter One Definitions
- Chapter Two Application of the Law
- Chapter Three Requirements of Electronic Transactions
- Chapter Four The Effect and Evidential Weight of Electronic Transactions
- Chapter Five Electronic Signature
- Chapter Six Certification Service
- Chapter Seven Transmission and Storage of Information
- Chapter Eight Consumer Protection
- Chapter Nine Powers of the Supreme Council
- Chapter Ten Crimes and Penalties
This is an unofficial English translation of the Electronic Commerce and Transactions Law of the State of Qatar which will be adopted and applied by Supreme Council for Information and Communication Technology (ictQATAR). The Arabic version of the same Law is the definitive legal text.
We, Tamim Bin Hamad Al-Thani, Deputy Emir of the State of Qatar,
Having perused the Constitution,
The Civil and Commercial Code issued by Law No. (13) of 1990 and the laws amending it,
The Civil Code issued by Law No. (22) of 2004,
Decree Law No. (36) of 2004 Establishing the Supreme Council of Information and Communication Technology,
The Commercial Law issued by Law No. (27) of 2006, amended by Law No. (7) of 2010, and Have decreed the following: Article (1)
The provisions of the Electronic Commerce and Transactions Law enclosed with this Law shall be effective.
Where no specific provision is laid down in this attached Law, the electronic commerce and transactions shall be governed by the relevant legislation regulating each of them.
The Supreme Council of Information and Communication Technology shall issue regulations and decisions to implement the provisions of the enclosed Law.
All concerned authorities, each within its competence, shall implement this Law. This Law shall be published in the Official Gazette.
Tamim Bin Hamad Al-Thani Deputy Emir of the State of Qatar
Issued at the Emiri Diwan on: 9/9/1431 A.H. Corresponding to: 19/8/2010 A.D.
This is an unofficial English translation of the Electronic Commerce and Transactions Law of the State of Qatar which will be adopted and applied by Supreme Council for Information and Communication Technology (ictQATAR). The Arabic version of the same Law is the definitive legal text.
ELECTRONIC COMMERCE AND TRANSACTIONS LAW
Chapter One
Definitions
In the application of this Law, the following terms and expressions shall have the meanings assigned to each of them unless the context requires otherwise:
Accessible: the capability to view, gain access to, retrieve, use or obtain information.
Addressee: a person who is intended by the originator of the data message to receive the data message, but does not include a person acting as an intermediary with respect to that message.
Automated message system: a computer system or any other electronic or automated means used to initiate or respond to electronic communications or related actions, in whole or in part, without review or intervention by a natural person.
Caching: the temporary storage of information in one or more information systems, whereby information is stored to enable access to it on a frequent basis.
Certification certificate: a document issued by a certification service provider confirming the valid link between a signatory and the signature creation information.
Certification service provider: a person licensed to maintain public key infrastructure, to issue certification certificates and to provide related electronic signature services.
Commerce service: a service normally provided for remuneration, or a service of a noncommercial nature, provided by means of any combination of an information system and any telecommunications network or telecommunications service, including electronic government services.
Consumer: a person who is acting for purposes other than those of his trade, business or profession.
Customer: a person engaging in a transaction as part of an electronic commerce service.
Data message: information generated, sent, received, processed, stored or displayed by one or more information systems or by means of electronic communication.
Electronic: technology based on using electrical, electromagnetic or optical means or any other form of similar technological means.
Electronic communication: any communication of information by means of telecommunications.
Electronic signature: letters, numbers, symbols or others affixed to a data message, which uniquely identify the signatory from others in order to indicate the signatory’s approval on the data message.
Electronic transaction: any deal, contract or agreement concluded or performed, in whole or in part, through electronic communications.
Hosting services: electronic services that provide users with capabilities for storing information on the information systems of the service provider and making stored information accessible to other users of electronic commerce services.
Information: information in the form of text, codes, images, speech or sound.
Information system: programs and devices for generating, sending, receiving, displaying, processing, or storing information.
Internet Protocol: any of the set of communications protocols defining standards for Internet network interoperability, transmissions and related applications, including the “Transmission Control Protocol” (“TCP”) and the “TCP/IP” protocol suite.
“Originator” of a data message: a person by whom, or on whose behalf, the data message has been sent, generated or stored, but it does not include a party acting as an intermediary with respect to that data message.
Person: a natural or juridical person.
Personal information: information about an individual whose identity is apparent or can reasonably be ascertained either from that information or from a combination of that information and other information.
Place of business: A non-transitory facility or installation used to carry on a business, including the provision of any service, exclusively used for that purpose.
Relying party: a person that acts on the basis of a certification certificate or an electronic signature.
Service provider: a person providing an electronic commerce service.
Signatory: a person that has legal right to access signature creation information, and acts either on its own behalf or on behalf of the person it represents to use the signature creation information to create an electronic signature.
Signature creation information: information, codes or private cryptographic keys used by the signatory to create an electronic signature.
Supreme Council: The Supreme Council of Information and Communication Technology.
Telecommunications: any transmission, emission or reception of signs, signals, writing, images, sounds, pictures, data or information of any kind by wire, radio, optical, other electromagnetic means of communications or any other similar communication means.
Telecommunications network: any wire, radio, optical or other electromagnetic system for routing, switching or transmitting telecommunications services between network termination points including fixed and mobile terrestrial networks, satellite networks, electricity or other utility transmission systems to the extent used for telecommunications, circuit or packet switched networks including those used for Internet Protocol services, and networks used for the delivery of broadcasting services including cable television networks.
Telecommunications service: any form of transmission of signs, text, images or other by means of a telecommunications network, but does not include a broadcasting services.
Chapter Two
Application of the Law
The provisions of this Law apply to transactions between parties who agree to conduct transactions using electronic communications.
The consent of the person may be inferred from that person’s conduct.
The governmental entities shall give explicit consent in relation to electronic transactions of which they are a party.
The competent governmental entities may, if so decided to carry out any of their duties by means of electronic communications, specify additional requirements or specifications.
Article (3)
The provisions of this Law do not apply to the following documents and transactions:
1) documents relating to family and personal status.
2) documents that create interests in land.
3) documents that are required by law to be authenticated by the Notary Public.
4) negotiable commercial instruments in accordance with the provisions of the Commercial Law.
The Council of Ministers, based on the recommendation of the Supreme Council and for the public interest, may delete any of the exempt matters stipulated in the above-mentioned paragraph or add to them.
Chapter Three
Requirements of Electronic Transactions
In the context of contract formation or conducting transactions, an offer or acceptance of an offer may be expressed, in whole or in part, by means of electronic communications.
A contract or transaction shall not be denied validity or enforceability solely on the grounds that one or more electronic communications were used in its formation.
A data message is from and attributed to the originator if it was sent by the originator itself. A data message shall also be deemed to be that of the originator in the following cases:
1-if the data message was sent by a person who had the authority to act on behalf of the originator in respect of that data message or sent by an information system or automated message system programmed to operate by, or on behalf of, the originator.
2-if the addressee properly applied a procedure previously agreed to by the originator for that purpose in order to ascertain whether the data message was that of the originator.
3-if the data message as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to lawfully gain access to a method used by the originator to identify the data message as its own.
A data message shall not be deemed from the originator in the following two cases:
1-from the time when the addressee has received notice from the originator that the data message is not from the originator and had reasonable time to act accordingly.
2-the addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the data message was not from the originator.
As between the originator and the addressee, an addressee may rely on the data message where the data message is from the originator and to act upon it. The addressee is not entitled to such reliance when it knew or should have known, had it exercised reasonable care or used any agreed procedure, that data message as received was subject to error resulting from the process of telecommunication.
The addressee is entitled to treat each data message received as a separate data message, and to act on that treatment, except to the extent that it duplicates another data message and the addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the data message was a duplicate.
Where the originator has requested or agreed with the addressee, on or before sending the data message that the receipt of the data message be acknowledged, the data message will be deemed as received by the addressee once the above-mentioned acknowledgement is received by the originator. This does not imply that the content of the data message as sent corresponds to the content as received.
Where the originator has not identified or agreed with the addressee that the acknowledgement be given in a particular form or by a particular method, an acknowledgement may be given by any communication by the addressee, automated or otherwise, or any conduct of the addressee, sufficient to indicate to the originator that the data message has been received.
Where the originator has stated that the data message is conditional on receipt of the acknowledgement, the data message is treated as though it was not sent, until the acknowledgement is received.
Where the originator has not previously stated that the data message is conditional on receipt of an acknowledgement, and where an acknowledgement has not been received by the originator, the originator may give notice to the addressee stating that the earlier data message requires acknowledgement and specifying a reasonable time by which the acknowledgement must be received, and if the acknowledgement is not received within the time specified, the originator may, upon notice to the addressee, treat the data message as though it was not sent, or exercise any other rights it may have.
Where the received acknowledgement states that the data message met technical requirements, either agreed upon or set forth in applicable standards, it is presumed that those requirements have been met.
Except in so far as it relates to the sending or receipt of the data message, Articles (9), (10), (11), (12) of this Law are not intended to determine the legal consequences that may flow either from that data message or from the acknowledgement of its receipt.
Unless otherwise agreed between the originator and the addressee of the data message, the dispatch of the data message occurs as follows:
1-when the data message enters an information system outside the control of the originator.
2-if the data message enters successively two (2) or more information systems outside the control of the originator, then, the dispatch of the data message occurs when it enters the first of those information systems.
Unless otherwise agreed between the originator and the addressee of the data message, the time of receipt of a data message is determined as follows:
1-if the addressee of the data message has designated an electronic address for the purpose of receiving data messages, then, the time of receipt is when the data message is accessible by the addressee at that electronic address.
2-if the data message has been sent to the address of the addressee not designated by the addressee, then, the time of receipt is the time when the data message is accessible by the addressee or when retrieved by him/her, whichever is earlier.
Unless otherwise agreed between the originator and the addressee: 1-the data message is taken to have been dispatched at the place where the originator has its place of business. The data message is taken to have been received at the place where the addressee has its place of business.
2-if the originator or addressee has more than one place of business, the place of business that has a closer relationship to the underlying transaction shall be the applicable place of dispatch or receipt.
3-if the originator or addressee has more than one place of business and the provisions of the preceding paragraphs do not apply, the originator’s or addressee’s principal place of business shall be the applicable place of dispatch or receipt.
4-if the originator or addressee does not have a place of business, the applicable place of dispatch or receipt shall be the place where the originator or addressee ordinarily resides.
A location is not a place of business merely because that is where equipment or any other part of an information system used by a party in connection with a transaction is located or where an information system used by a party in connection with a transaction may be accessed by other parties.
The sole fact that a party makes use of a domain name or electronic mail address connected to a specific country does not create a presumption that its place of business is located in that country.
Where a natural person makes an unintentional entry or any error in entering information in a data message exchanged with the automated message system of another party and the automated message system does not provide the person with an opportunity to correct the error, that person, or the party on whose behalf that person was acting, has the right to withdraw the portion of the data message in which the input error was made provided that the person or the party on whose behalf that person was acting:
1-notifies the other party of the error as soon as possible after having learned of the error.
2-has not used or received any material benefit or value from the goods or
services received from the other party that are the subject of the input
error.
Chapter Four
The Effect and Evidential Weight of Electronic Transactions
Information in the data message shall not be denied legal effect, validity or enforceability solely on the grounds that they are in the form of a data message.
Information in the data message shall also not be denied legal effect, validity or enforceability solely on the grounds that it is merely referred to in that data message without details, provided that the data message clearly identifies how to have access to the details of this information, the information is accessible so as to be used for subsequent reference by every person that has a right to access and use the information and the method for accessing the information is clearly identified in the data message and does not place an unreasonable burden on any person that has a right to access the information.
Where any law requires information or a document to be in writing or identified consequences for the information or document not being in writing, that requirement is satisfied where the information or document is in the form of a data message, provided that the information or document is accessible so as to be used for subsequent reference by every person that has a right to access the information or document.
Where any law requires the signature of a person or identified consequences for the absence of the signature of a person, that requirement is satisfied if the conditions stipulated in Article (28) of this Law are met.
Decree Law No. (16) of 2010 on the Promulgation of the
Electronic Commerce and Transactions Law
The Telecommunications Law issued by Decree Law No. (34) of 2006,
The Law No. (8) of 2008 regarding Consumer Protection,
The proposal by the Supreme Council of Information and Communication Technology,
The draft law put forward by the Council of Ministers,
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