Syria was one of the early adopters of comprehensive digital legislation in the Levant region, recognizing the need to modernize its administrative and commercial infrastructure. The primary objective was to facilitate e-government initiatives and secure electronic commerce. The legal landscape is primarily shaped by Law No. 4 of 2009, commonly referred to as the Digital Signature and Network Services Law.
This legislation grants electronic signatures the same legal weight as traditional “wet-ink” signatures, provided they meet specific technical and regulatory standards. The law established a centralized authority to oversee the ecosystem, ensuring that digital identities are authenticated through a hierarchy of trust. Despite the socio-economic challenges of the past decade, the legal framework remains the active standard for digital transactions within the country.
Legal Framework
A. Law No. 4 of 2009 (The Digital Signature Law)
Law No. 4 is the foundational statute. It defines the technical requirements for a digital signature to be legally binding and sets the penalties for digital forgery or unauthorized access.
Key Provisions:
- i. Article 3: Establishes the National Agency for Network Services (NANS).
- ii. Article 5: Grants the digital signature the same evidentiary value as a physical signature in civil, commercial, and administrative matters, provided it is “protected” (certified).
- iii. Identity Verification: The law distinguishes between a general electronic signature and a “Certified Digital Signature,” which requires a certificate issued by an accredited provider.
B. The Regulatory Authority: NANS
The National Agency for Network Services (NANS) is the apex body for digital signatures in Syria. Its responsibilities include:
- i. Licensing Certification Service Providers (CSPs).
- ii. Setting technical standards for encryption and digital keys.
- iii. Operating the “Root Certificate Authority” (Root CA) for the Syrian Arab Republic.
- iv. Regulating the “E-Government” service layer.
C. Integration with the Civil Code and Law of Evidence
The Digital Signature Law works in tandem with the Syrian Law of Evidence (Decree-Law No. 90 of 1947). The 2009 law effectively amended the traditional view of “writing,” expanding it to include electronic records. In Syrian courts, a certified digital signature provides “conclusive evidence” (Hujjiya) of the signatory’s identity and their commitment to the document’s content.
Documents That Can Be Signed Electronically
The scope for e-signatures in Syria is broad, particularly in the commercial and governmental sectors:
i. Commercial Contracts: General trade agreements, distribution contracts, and supply chain documentation.
ii. Banking and Finance: Following regulations from the Central Bank of Syria, electronic signatures are used for authorizing transfers, opening certain types of accounts, and digital banking transactions.
iii. Administrative Applications: Applications for government permits, university registrations, and interactions with the Ministry of Communications and Technology.
iv. Corporate Documents: Company registration updates, board resolutions, and internal corporate bylaws (where not explicitly prohibited by the company’s articles of association).
v. Tax Filings: The Syrian Ministry of Finance has increasingly moved toward electronic filing systems where digital signatures are used to authenticate tax returns.
Documents That Cannot Be Signed Electronically
Syrian law maintains strict “formality” requirements for certain sensitive transactions. Per the exceptions typically found in the Civil Code and reinforced by the limitations of Law No. 4, the following usually require a physical presence and a wet-ink signature:
1. Transactions Involving Real Estate: Any contract that creates, transfers, or modifies rights over immovable property must be registered at the Real Estate Registry (Al-Tabu). This requires physical signatures before a government registrar.
2. Personal Status Matters: Marriage contracts, divorce, lineage, and custody are governed by Personal Status Laws (Religious Courts). These documents require traditional witnessing and physical signatures.
3. Wills and Endowments: The creation of a will or a religious endowment (Waqf) requires specific formalities and the physical seal of the court.
4. Notary Public Authentications: Many documents intended for use abroad or for specific high-value transactions must be signed in the physical presence of the Syrian Notary Public, who authenticates the identity of the parties in a physical ledger.
5. Certain Negotiable Instruments: While the law allows for electronic checks in theory, the physical Promissory Note (Sanad) is still the primary instrument for summary judicial enforcement in Syria; digital equivalents are not yet universally accepted by the enforcement courts.
Notable Changes and Recent Developments
A. The Transition to Law No. 20 of 2022
In recent years, Syria has updated its legal framework to address digital crimes, which reinforces the security of e-signatures. Law No. 20 of 2022 (The New Cybercrime Law) replaced previous legislation to provide stiffer penalties for the theft of digital signature keys and the forgery of electronic records. This has given businesses more confidence in the security of digital transactions.
B. Activation of the Root CA
A major milestone was the full activation of the National Root Certificate Authority. This allowed the Syrian government to issue its own digital certificates, reducing reliance on foreign providers and ensuring that the entire “Chain of Trust” is locally managed and legally recognized by Syrian courts.
C. Expansion of E-Payment Systems
The Central Bank of Syria has recently licensed several e-payment companies. These companies utilize the digital signature framework to allow citizens to pay utility bills (water, electricity) and government fees via mobile applications, which has significantly increased the daily use of electronic authorization by the general public.
D. Modernization of the Ministry of Justice
There is an ongoing “Electronic Justice” project aimed at digitizing court filings. While still in its pilot phases in certain governorates, the goal is to allow lawyers to sign and submit legal briefs electronically using NANS-certified digital signatures.
Conclusion
The legality of electronic signatures in Syria is well-established through Law No. 4 of 2009. The system is built on a “Certified Signature” model, meaning that for a signature to have maximum legal protection, it must be backed by a certificate from a licensed Syrian provider.
While the “wet-ink” signature remains mandatory for real estate and family law, the digital signature has become an essential tool for the Syrian commercial sector and the burgeoning e-payment landscape. Businesses operating in Syria should ensure their digital signature solutions are compliant with NANS technical standards to ensure enforceability in local courts.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
1. Syrian Law No. 4 of 2009 regarding Digital Signatures and Network Services.
2. Syrian Law No. 20 of 2022 regarding the Regulation of Communication over the Network and Combating Cybercrime.
3. Decree-Law No. 90 of 1947 (The Syrian Law of Evidence) and its subsequent amendments.
4. Syrian Civil Code: Articles relating to contract formation and formal requirements.
