The legal recognition of electronic signatures in Jordan: Some remarks on the electronic transactions law

There is no doubt that electronic signatures play a major role in providing online parties with an effective mechanism for ascertaining one another's identity and ensuring authenticity and integrity of the electronic message. However, such signatures will not alone be the magical joystick that will solve all security problems in the online environment. It should be noted here that the success of e-commerce also depends on the predictability and suitability of the legal framework and whether such framework offers the necessary guarantee for a secure online commerce. As such, this article will evaluate the legal reality of e-signatures in Jordan and discuss the legislative approach toward the authentication of such signatures according to the Electronic Transactions Law No. 85 of 2001. This article will further shine a spotlight on the legal recognition of certification authorities under the same law in order to examine whether this law is sufficient to regulate the manner in which e-signatures may be used and certification authorities may operate. This article, however, is not intended to provide the final answer to all questions and challenges in this regard but rather to identify the main components and provide some perspectives on how to deal with such issue.