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Electronic Commerce Law of the Islamic Republic of Iran- Part 02


Part 2 – Data message provisions

Written Document, Original Signature
Article 6 - When the existence of a written document is deemed legally requisite, “data message” can be used as a replacement except unless for the following cases:
a) Ownership documents of immovable property.
b) Sale of medical materials to the final consumers.
c) Announcements, notifications, warnings or the like statements issuing a particular provision on the use of goods or prohibiting the use of certain methods or their omission hereto.

Article 7 - Where the law requires a signature, an electronic signature may suffice.

Article 8 – Where the law requires that the information be presented or retained in its original form, it is also possible to retain it as “data message” if the following requirements are met:
- The information contained therein is accessible so as to be usable for subsequent reference.
- “Data message” is retained in the same format it was generated, sent or received or in a format which can exactly represent the information generated, sent or received.
- The information, if any, enabling the identification of the origin and destination of a “data message” and the date and time when it was sent or received is also retained.
- Other provisions that an institution, organization, and governmental agency or ministry has laid down within the scope of their functions are retained.

Article 9 – Under any circumstance where the distribution of a "data message" is terminated from a certain point in time and it is replaced with a paper document, this shall be expressly stated in the paper document. Such a replacement will on no occasion affect previous rights and obligations between both parties.

Part 2 – Secure "data message"

Section 1: Secure Electronic Signature and Electronic Record

Article 10 – A secure electronic signature must contain the following requirements:
a) Be unique to the signatory.
b) Identify the signatory of "data message".
c) Be signed by the signatory or under his/her sole intention.
d) Be affixed to “data message” in a way that any change in data message can be detected and identified.

Article 11 – A secure electronic record is a “data message” which is stored by the observance of the requirements of a secure information system and is accessible and perceivable when needed.

Section 2 – Admissibility, Evidential Value, and Consequences of Secure Electronic Record and Signature

Article 12 – Evidence and any supporting document may be in the form of “data message”. The evidential value of a “data message” can by no means be repudiated solely due to its form and framework at any court or governmental office.

Article 13 – In general, the evidential value of a “data message” depends on the methods used to guarantee its security such as selecting a security measure that  corresponds to the subject and purpose of the “data message”.

Article 14 – All “data messages” which have been generated and stored via secure method are deemed to be valid and reliable documents by judicial or legal authorities in terms of what they contain as well as included signature therein, obligations of both parties or the party who covenants and all persons who act legally on their behalf, and effecting the terms and conditions contained therein.

Article 15 – The validity of a secure "data message", secure electronic record and secure electronic signature may not be questioned or denied; only a claim of forgery of a "data message" or a proof of its invalidity on a legal basis may be considered.

Article 16 – Any “data message” recorded and retained by a third party in accordance with the provisions of Article 11 of this Law, is deemed valid.

Part 4 – Communication of "Data Message"

Section 1 – Legal Validity of Incorporation by Reference, Contract and Intention of Parties

Article 17 – "Incorporation by Reference" is valid upon the satisfaction of one of the following conditions:
a) Object of reference is expressly stated in the "data message".