Law n°83-2000 translated for information purpose - Not to be quoted
Law n°: 2000-83 of August 9th, 2000, related to the Electronic Exchanges and
Electronic Commerce Bill
(Translated from the official Arabic text for information purposes only, not to
be quoted)
Chapter I: General Regulations
Article 1: This law has been provided for the general organizing electronic exchanges
and electronic commerce.
Electronic exchanges and electronic commerce are subject to legislation and
regulations in use as long as they are not in contradiction with this law.
Electronic contracts are governed by written contracts procedures concerning the
expression of will its legal power, its validity, its execution liability as long as they are
not in contradiction with this law.
Article 2: Under this law, the following terms mean:
•
Electronic exchanges: exchanges that are accomplished using electronic
documents and files.
•
Electronic commerce: commercial transactions that are accomplished using
electronic exchanges.
•
Electronic certificate: the electronic document secured by the electronic
signature of the issuing individual through which he certifies, after inspection,
the validity of data included within.
•
Certificate service provider: any individual or organization that establishes,
delivers, and administers certificates and provides other services related to
electronic signature.
•
Encryption : either the use of symbols or signs that are made unavailable,
which make information to be transmitted or sent not comprehensible to
others or the use of symbols or signs without which information cannot be
attained.
•
Signature establishment solution: a single set of personal encryption
elements or a set of applications specifically designed to establish an electronic
signature.
•
Signature verification solution: a set of public encryption elements or a set
of applications that make it possible to verity the digital signature.
•
Electronic payment method: a method that allows its owner to make
remote direct payment operations via public telecommunications networks.
•
Product: any service or product be natural, agricultural, craftwork or
industrial and tangible or intangible.
Article 3: The use of encryption in electronic exchanges and electronic commerce via
public telecommunications networks is regulated by the Telecommunications Value
Added Services regulations.
Chapter II: The Electronic Document and the Electronic Signature
Article 4: Storage of an electronic document is considered as valid as the storage of a
written document.
The sender vows to keep an electronic document in the same condition as it was sent
and the recipient vows to keep this document in the same condition as it was received.
The electronic document stored on an electronic support that allows:
•
To check its content all along its validity
•
To store its final version in a way to guarantee the integrity of its content
•
To store information related to its origin and destination as well as the date
place of its transmission and delivery.
Article 5: Any person who wants to sign electronic document may do so by
establishing his digital signature using a certified solution whose technical
specifications are laid down by a decree from the minister in charge of
telecommunications.