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Electronic Documentation as a Mechanism for Protecting Electronic Contracting: A Comparative Study Between Jordanian and Algerian Law

Amjed Muflih Ghanem Alhamad

Irbid National University

Due to the development in the field of information and communication technology, which has contributed significantly to the dematerialization of various commercial and banking transactions into legally recognized electronic platforms, the use of electronic contracting has spread. To protect this latter, both Jordanian and Algerian legislators have provided for electronic documentation, which is carried out by issuing a third-party neutral or an accredited entity for the electronic certification between two parties dealing electronically. Its content confirms the validity of the data exchanged between the parties through following certain complex technical and procedural measures. This party is a specialized natural or legal entity operating under a license from the competent authorities in the country and under their supervision, within the provisions that define its system and the obligations imposed on it, as well as delineating its responsibility for damages inflicted on clients or others. The electronic certification certificate serves to prove the electronic exchange and to determine the moment the contract is concluded. However, electronic documentation can only protect electronic contracting if the certification entity adheres to a set of obligations such as verifying the signer’s identity, maintaining confidentiality, issuing electronic keys, issuing the electronic certification, and finally, conducting mandatory insurance.



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