Technical

Electronic Signature

A personal mark in electronic form linking signatory to data.

How the laws define this

Both instruments establish that an electronic signature serves to identify the signatory and indicate their approval. However, they diverge significantly regarding its required form, legal conditions, and verification mechanisms. Under the Electronic Signature and Transactions Law No. 78 of 2012, a signature is framed as a personal mark—comprising letters, numbers, symbols, signs, sounds, or other means—that possesses a unique character linked to the signatory, and it explicitly requires approval by a certification body and proper authentication to carry the same legal effect as a handwritten signature. Conversely, the އިލެކްޓްރޯނިކް މުޢާމަލާތްތަކާބެހޭ ޤާނޫނު (Law No. 2/2022) defines the concept more broadly as electronic data that is in, annexed to, or logically associated with a data message, focusing on its functional association with that message rather than specifying personal mark types, certification bodies, or equivalence to handwritten signatures.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

Jurisdiction	Instrument	Status	What is distinctive
Iraq	Electronic Signature and Transactions Law No. 78 of 2012	In Force	Specifies the electronic signature as letters, numbers, symbols, signs, sounds, or other means with unique character, requiring approval by a certification body for authentication and legal equivalence to handwritten signatures.
Maldives	Electronic Transactions Act (Law No. 2/2022)	In Force	Broadens to any electronic data in, annexed to, or logically associated with a data message that identifies the signatory and indicates approval, without specifying forms or certification.

What it triggers

In Iraq, when properly authenticated, it has the same legal effect as a handwritten signature.source
Under the Electronic Transactions Act (Law No. 2/2022) in the Maldives, it establishes the legal validity of electronic records, signatures, and trust services.source

Definitions (2)

Defined in Article 4 as a personal mark in the form of letters, numbers, symbols, signs, sounds, or other means that has a unique character indicating its relation to the signatory and is approved by a certification body. When properly authenticated, it has the same legal effect as a handwritten signature.

Electronic Signature and Transactions Law No. 78 of 2012Definition 1 of 2

Electronic data in, annexed to, or logically associated with a data message, used to identify the signatory and indicate approval.

އިލެކްޓްރޯނިކް މުޢާމަލާތްތަކާބެހޭ ޤާނޫނު (Law No. 2/2022)Definition 2 of 2

Not to be confused with

qualified electronic signature

A qualified electronic signature has legal equivalence to a handwritten signature, while this term in Iraq requires certification body approval for that effect and in Maldives indicates approval without specifying qualification.

electronic seal

An electronic seal authenticates data from a public body, whereas this term identifies and links a signatory to data generally.

Questions and answers

What makes an electronic signature legally equivalent to a handwritten one in Iraq?

It must be a personal mark of specified forms with unique character approved by a certification body. When properly authenticated, it has the same legal effect as a handwritten signature.

How is electronic signature defined in the Maldives?

It is electronic data in, annexed to, or logically associated with a data message. It is used to identify the signatory and indicate approval.

What are the differences between electronic signature definitions in Iraq and Maldives?

Iraq specifies forms like letters, sounds, and requires certification body approval for legal effect. Maldives uses a broader description of electronic data logically associated with a message indicating approval.