The Regulation Of Electronic Transactions In Oman

With the fast development and implementation of technology and the internet in processing operations in private and public sectors, and concluding transactions locally and internationally online or electronically on a cross-border basis, it has become essential to develop a legal framework to safeguard the rights and interests of stakeholders utilising such electronic platforms.

The Oman government has accordingly issued the Sultani Decree 69/2008 - entitled "the Electronic Transactions Law" ("the Law"). This legislation was in response to the increasing number of electronic transactions, and resulting amount of cases before Omani courts which did not have a sufficient laws to rely on when adjudicating these bespoke issues.

Electronic Transactions Law

The Law applies, pursuant to Article 3, to electronic transactions, records, signatures and to electronic messages. The Law does not however apply to transactions and matters related to personal status law, such as marriage, divorce and wills. It also does not apply to court procedures, judicial summons, proclamations, summons, arrest orders and judicial decrees. Generally, the provisions of the Law apply to transactions between the parties who agree on conducting their transactions by electronic means and the consent of each party may be inferred from his conduct. In relation to the Government as a party to such transactions, its consent shall be given expressly in writing. Any agreement between the parties to conduct any transaction by electronic means shall not be obligatory on either party to conduct other transactions by the same means.

Electronic communication including messages shall have the same legal effect and force like any other enforceable written document if the conditions provided for in this Law and its implementing regulations are observed.

Where there is a specific requirement contained in any other legislation, for instance the requirement of the Law of Commerce and Employment Law to retain any document or information for any reasons whether they relate to a transaction or an employee, then such retention shall be ascertained by retaining that document or record or information or data in electronic form. This requirement arises if the following conditions are satisfied:

The document, record, information or data are retained electronically in the form they were originated or sent or received or in a form capable of proving accurately that the document or record or...