In short
Yes. Under Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services, “an Electronic Document is not without legal force and effect merely on the grounds that it is in Electronic form” (Article 5(1)). Electronic signatures cannot be refused as evidence merely because they are electronic. A qualified electronic signature (QES) is treated as equally authentic to a handwritten signature when the law’s conditions are met. The Telecommunications and Digital Government Regulatory Authority (TDRA) regulates trust services.
Note: the English text published by TDRA is an unofficial translation. The Arabic version prevails.
What the law says
- Three signature types. The Decree-Law defines an electronic signature, an advanced electronic signature (AdES) and a QES. An electronic signature is one “attached or logically linked to an Electronic Document, which verifies the identity of a Signatory and their acceptance of the Data content associated thereto” (Article 1).
- Signature requirements. If a law requires a signature, it is met by “a means of identifying a Person and signifying their intent” regarding the document, subject to the conditions in Article 8(1). Unless a law says otherwise, a person may use any form of electronic authentication (Article 8(2)).
- Evidence. An electronic document, signature, seal or transaction cannot be refused as evidence merely because it is electronic (Article 18(1)).
- QES. “A Qualified E-Signature shall be deemed equally authentic to a handwritten signature and shall have the same legal effect so long as it meets the conditions” of the Decree-Law and its Executive Regulation (Article 18(3)).
- AdES. An AdES can be relied on and has legal effect if the law’s conditions are met (Article 18(7)). Under Article 19, it must be exclusively associated with the signatory and under their control, identify the signatory, be linked to the data so that changes are detectable, and meet the technical requirements of the Executive Regulation.
- Consent. No one is compelled to use an electronic document without consent, but consent “may be inferred from any conduct” (Articles 5(3)-(4) and 28(1)).
- Writing and retention. Electronic documents can meet writing, original-form and retention rules under the conditions in Articles 6, 7 and 9.
- Contracts. A contract does not lose validity, evidential weight or enforceability merely because it was made electronically (Article 10(2)).
Exceptions
The English text we reviewed does not list excluded document types. Article 2(2) allows the Cabinet to add, delete or exclude any transaction, document, service or procedure. Article 28(2) also lets other legislation require a specific signature form. Check the Executive Regulation, Cabinet decisions and any sector rules for your document.
Practical checklist
- Check whether another law requires a specific form or signature type for your document.
- Decide whether an electronic signature, an AdES or a QES fits the risk.
- For a QES, use a qualified trust service provider licensed by TDRA and listed on the UAE Trust List.
- Keep a record of each party’s consent.
- Store documents so they stay accessible and accurately represent the original. Keep origin, destination and date and time details (Article 6).
- Use signer authentication that fits the transaction.
How vScrawl fits
- Audit trail. vScrawl records actions with timestamps, participant details and technical information. Each signed document includes a certificate of completion with timestamps, IP addresses and email verifications. This helps you keep the origin, destination and time details that Article 6 mentions.
- Signer authentication. Turn on two-factor authentication or passkeys for each document.
- Integrity. Tamper-evident seals help show if a document changed after signing. Whether a vScrawl workflow meets all AdES requirements depends on its full configuration.
- Language. Signing pages can be shown in English, French, German or Spanish. vScrawl can add languages based on your organization’s needs.
vScrawl does not claim to be a TDRA-licensed trust service provider or qualified trust service provider, and it does not issue qualified certificates. It does not give legal advice.
FAQ
Do I always need a QES in the UAE?
No. Unless a law provides otherwise, a person may use any form of electronic signature (Article 28(2)). A QES is the level the law treats as equally authentic to a handwritten signature.
Can consent to e-signing be implied?
Yes. Consent may be inferred from conduct (Articles 5(4) and 28(1)). A clear record of consent is still good practice.
Who regulates trust services in the UAE?
TDRA. It licenses trust service providers and publishes the UAE Trust List (Article 4).
Related: E-signature laws by country · Signer Authentication
This page is general information, not legal advice. Ask a qualified UAE lawyer about your document.
Sources
- Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services, unofficial English translation published by TDRA: https://tdra.gov.ae/-/media/About/Trust-Services/Laws-and-Regulations/Federal-Decree-Law-No-46-OF-2021-On-Electronic-Transactions-and-Trust-Services-EN.ashx
- Same Decree-Law, English text on the UAE government portal (u.ae): https://assets.u.ae/api/public/content/83039e37384242afaf63c2e4bc05d7a1?v=3ce37943
