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Electronic Commerce Law of the Islamic Republic of Iran- Part 01

  1/14/2014


In the Name of God

Electronic Commerce Law of the Islamic Republic of Iran

Chapter one- General Provisions

Part 1 – General

Section 1 – Domain and Application

Article 1 - This Law consists of a set of rules and principles to be applied for easy and secure communication of information in electronic intermediaries using state of the art communication systems.

Section 2 – Definitions


Article 2 –
a) “Data Message”: Any representation of facts, information, and concepts generated, sent, received, stored, or processed by use of electronic, optical or other information technology means.
b) “Originator”: The original source of “data message” by whom, or on whose behalf, the “data message” have been generated or sent but it does not include a person acting as an intermediary with respect to that “data message”.
c) “Addressee”: The person intended by the originator to receive the “data message”, but it does not include a person acting as an intermediary with respect to that “data message”.
d) “Incorporation by Reference”: refers to a source outside the “data message”; which in case of its compliance with Article 18 of this Law, is deemed to be part of that “data message”.
e) “Integrity”: The “data message” in its entirety and with no change. System management such as sending, receiving, storing or displaying data doesn’t affect the Integrity of a “data message”.
f) “Computer System”: Any type of system or a set of networked hardware/software-based systems applying auto-processing programs on “data messages”.
g) “Information System”: A system for generating (originating), sending, receiving, storing or processing “data message”.
h) “Secure Information System”: An information system that:
1. Is reasonably protected against any misuse or penetration;
2. Possesses a reasonable level of proper accessibility and administration;
3. Is reasonably designed and organized in accordance with the significance of the task on hand;
4. Is in compliance with secure methods.
i) “Secure Method”: A method to authenticate the correctness, the origin and the destination of a “data message”, along with its date and to detect any error or modification, in communication, content, or storage of a “data message” from a certain point. A secure message is generated using algorithms or codes, identification words or numbers, encryption, acknowledgement call-back procedures or similar secure techniques.
j) “Electronic Signature”: Any sign appended or logically affixed to a “data message” which may be used to identify its signatory.
k) “Secure/Enhanced/Advanced Electronic Signature”: Any electronic signature that is in compliance with Article 10 of this Law.
l) “Signatory”: Any person, or someone who acts on his/her behalf, who generates an electronic signature.
m) “Person”: Any natural or juridical person or the computer systems under their control.
n) “Reasonable Test”: Is evaluated based on the status of a “data message” communication, taking into consideration the nature of communication, parties skill and position, their communication quantity, accessibility of the proposed options, and their dismissal by either side, expenses arising from proposed options, customary methods applied in such communications.
o) “Consumer”: Any person acting for any purpose other than business or professional occupation.
p) “Supplier”: Any person acting in his commercial, union or professional capacity.
q) “Means of Distance Transaction”: Any means which, without the simultaneous physical presence of the supplier and the consumer, may be used to sell goods and services.
r) “Distance Contract”: Offer and Acceptance for goods and services between a supplier and a consumer via means of distance transaction.
s) “Durable Medium”: Any means such as: Floppy Disk, Compact Disc, Hard Disk, or consumer's e-mail on which the consumer can personally store a “data message”.
t) “Private data”: A “data message” associated with a specific person (Data Subject). 

Section 3 – Interpretation

Article 3 – The international origin, the need to promote uniformity in its application, and the observance of good faith should always be taken into consideration in the interpretations of this Law.

Article 4 – Upon any ambiguity of the chapter one of this Law, courts of law shall pass their judgment in conformity with other statutes and within the framework of the parts, terms and conditions contained in this Law.

Section 4 – Validity of Private Agreements

Article 5 – Any change in the generation procedures, sending, receipt, storage or processing of a “data message” is deemed valid upon a mutual private agreement and consent.






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