The Hashemite Kingdom of Jordan has long recognized the importance of digital transformation as a pillar of its economic development. In alignment with its “Jordan Digital Strategy” and the broader “Jordan Vision 2025,” the government has established a robust legal framework to facilitate electronic commerce and digital governance.
The legality of electronic signatures (e-signatures) in Jordan is primarily defined by the Electronic Transactions Law No. 15 of 2015. This legislation provides the legal basis for treating electronic signatures with the same functional equivalence as traditional handwritten signatures, provided certain security standards are met. By adopting these regulations, Jordan has modernized its judicial and commercial sectors, allowing for faster cross-border transactions and more efficient government-to-citizen interactions.
Legal Framework
A. The Electronic Transactions Law No. 15 of 2015
The 2015 Law replaced the provisional law of 2001, offering a more refined and technologically updated approach to digital records. Under this law, an electronic signature is defined as “data in an electronic form, integrated in, or logically associated with, an electronic record, used to identify the signatory and to signify their approval of the content of the electronic record.”
Jordanian law distinguishes between two primary types of electronic signatures:
a. Simple Electronic Signature: Any electronic mark, sound, or process attached to a record. While legally recognized, these carry less evidentiary weight if contested, as they do not inherently guarantee the identity of the user or the integrity of the document after signing.
b. Protected Electronic Signature (The “Reliable” Signature): For a signature to be considered “protected” and thus enjoy a legal presumption of validity, it must meet the following criteria (Article 15):
- • It is unique to the signatory.
- • It is capable of identifying the signatory.
- • It is created using means that the signatory can maintain under their sole control.
- • It is linked to the electronic record in a manner that any subsequent change to the record is detectable.
B. The Role of the Ministry of Digital Economy and Entrepreneurship (MoDEE)
The MoDEE (formerly the Ministry of Information and Communications Technology) acts as the primary regulator for electronic transactions. It is responsible for licensing “Certification Service Providers” (CSPs), which are the entities authorized to issue digital certificates that verify the identity of signatories.
C. The Evidence Law and Judicial Admissibility
Under the Evidence Law No. 30 of 1952 (and its subsequent amendments), electronic records and signatures are admissible in court. Article 7 of the Electronic Transactions Law explicitly states that an electronic record shall have the same legal effect as a paper document, provided it is stored in a way that allows for its retrieval and reference.
Documents That Can Be Signed Electronically
The scope of the Electronic Transactions Law is broad, covering most commercial and civil activities. Common use cases in Jordan include:
i. Commercial Contracts: Agreements for the sale of goods, distribution, and agency agreements.
ii. Banking Transactions: Most retail banking operations, including account openings and loan applications, are governed by Central Bank of Jordan (CBJ) circulars that permit e-signatures.
iii. Governmental Transactions: Many services provided through the “SANAD” application (Jordan’s digital identity portal) rely on electronic authentication.
iv. Employment Contracts: General employment agreements can be signed electronically, though it is standard practice to maintain a digital audit trail.
v. Corporate Resolutions: Minutes of meetings and board resolutions for private companies are increasingly handled via digital platforms.
Documents That Cannot Be Signed Electronically
Article 3 of the Electronic Transactions Law explicitly lists several categories where electronic signatures are not legally valid. These exceptions exist because these documents require high levels of formality, public witnessing, or specific religious/traditional oversight:
i. Transactions involving Real Estate: Any transaction that results in the transfer of ownership of immovable property, or the creation of rights therein (mortgages, easements), must be signed in person at the Department of Land and Survey.
ii. Personal Status Matters (Family Law): This includes marriage contracts, divorce settlements, and matters of child custody and alimony. These require the presence of the parties and/or witnesses before a Sharia Court or an authorized religious official.
iii. Wills and Endowments (Waqf): Creating a will or a religious endowment must follow traditional written procedures to ensure the authenticity and mental capacity of the testator.
iv. Cashing of Negotiable Instruments: While the law is evolving, certain types of checks and bills of exchange still require physical endorsement under the Commercial Code to be valid for immediate cashing or protest.
v. Official Power of Attorney: General or special powers of attorney that involve the transfer of land or personal status rights usually require a physical signature before a Notary Public.
Notable Changes in the Laws and Practice
1. The Sanad Application and Digital ID
One of the most significant practical changes in Jordan’s digital landscape is the launch of the Sanad App. It provides citizens with a “Digital ID,” which serves as a protected electronic signature recognized by all government departments. This has essentially democratized access to “Protected” signatures, which were previously expensive for individuals to obtain through private CSPs.
2. Central Bank of Jordan (CBJ) Circulars
The CBJ has been aggressive in promoting Fintech. Recent circulars have permitted banks to use “Remote Onboarding” (KYC), which relies heavily on e-signatures and biometric data. This has moved Jordan closer to a fully digital banking ecosystem.
3 Judicial Modernization
The Jordanian Ministry of Justice has implemented electronic filing systems for lawsuits. Lawyers can now sign and submit certain motions and pleadings electronically, a significant shift from the paper-heavy processes of the early 2000s.
4. The 2015 Overhaul
The transition from the 2001 Provisional Law to the 2015 Permanent Law was a turning point. It removed many ambiguities regarding the liability of Certification Service Providers and clarified the standards for “Protected” signatures, making it safer for international investors to rely on digital agreements in Jordan.
Conclusion
Jordan has successfully built a legal infrastructure that balances technological flexibility with the need for security. For businesses operating in the Kingdom, the Electronic Transactions Law No. 15 of 2015 provides a safe harbor for digital operations. While “Simple” electronic signatures are useful for low-risk daily operations, it is highly recommended that major commercial agreements use “Protected” signatures or those verified via the SANAD platform to ensure maximum enforceability in Jordanian courts.
As the Kingdom continues to update its “Notary Public” laws and “Land Registry” procedures, we can expect the list of excluded documents to shrink, further solidifying Jordan’s position as a regional digital hub.
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. Electronic Transactions Law No. 15 of 2015, Official Gazette of Jordan.
2. Evidence Law No. 30 of 1952 and its amendments.
3. Jordanian Civil Code No. 43 of 1976 (General principles of contract formation).
4. Central Bank of Jordan (CBJ) Instructions No. (1/2020) regarding Electronic Identification and Digital Onboarding.
5. UNIDROIT and UNCITRAL Model Law on Electronic Signatures: (Which heavily influenced the Jordanian 2015 drafting).
