Khaberni - The House of Representatives approved, by a majority, on Monday, an amended bill for the Electronic Transactions Law for 2025, which contains seven articles.
This took place during a legislative session held by the council, chaired by Mazen Al-Qadi, the Speaker of the House of Representatives, with Prime Minister Jafar Hassan and members of the governmental team in attendance. The council approved a proposal presented by several members stating that this law will come into force 30 days after its publication in the Official Gazette.
It is worth mentioning that the joint parliamentary committee (legal, digital economy, and entrepreneurship) approved the first article as it appeared in the amended bill, which states: "This law shall be named: (Amended Law for Electronic Transactions for the year 2025), shall be read together with Law No. 15 of 2015 herein referred to as the original law as one single law, and shall come into effect from the date of its publication in the Official Gazette".
Regarding the second article in the amended bill, the members of parliament supported their joint committee's decision, where this article states: "Text of article 3 from the original law is annulled, and replaced by the following text: Article 3 - This law’s provisions apply to transactions carried out by electronic means to the extent that it does not conflict with the special provisions of related legislation".
While the third article as it appeared in the original law (Enforcement) states: "A - This law's provisions apply to transactions conducted by electronic means. B - The provisions of this law do not apply to the following unless otherwise stated by another law: 1 - Creation and modification of wills. 2 - Creation of endowments and modification of its conditions. 3 - Transactions involving disposition of immovable properties and movable properties requiring registration including related proxies and ownership deeds and establishment of real rights upon them except for leases related to such properties. 4 - Proxies and transactions related to personal status. 5 - Notifications related to the cancellation or termination of water and electricity service contracts, health insurance, and life insurance. 6 - Court files, litigations, and judicial notification documents and court decisions. 7 - Securities except as stipulated by special instructions issued by competent authorities based on the Securities Law or any other legislation".
Regarding this, the Minister of Political and Parliamentary Affairs, Abdelmonem Al-Oudat, mentioned that the exceptions in the law were preceded by other legislations and have surpassed them, noting that in 2015 the infrastructure was not ready for automation, and many laws have evolved, rendering some texts obsolete.
Concerning inquiries by members of parliament on why Greater Amman Municipality was not included in the articles of the "amended electronic transactions", Al-Oudat clarified that in the law, Amman Municipality is defined as a "municipality", which means it is indeed covered in the mentioned article, adding that universities are also included because they fall under the category of formal public institutions.
In his role, the Minister of Justice, Bassam Talhouni, stated that the Electronic Transactions Law was first passed as a temporary law in 2001, became effective in 2015, and had been amended to keep up with electronic developments and the requirements of implementing legal procedures.
He highlighted that the goal of these amendments is to ensure that various bodies and institutions are capable of securely and efficiently handling electronic transactions, with the current amendment focusing on article 3 of the law, which is divided into two parts: the first covers all electronic transactions and applies the provisions of the law, whereas the second excludes some transactions to ensure the readiness of relevant bodies to practically and effectively implement the law.
He added that these exceptions were stipulated in the law from the beginning, to assure that the infrastructure and technical procedures were ready for such transactions, allowing each ministry or institution to determine how prepared they are to implement the law.
He also noted that some Sharia transactions, such as endowments, wills, and proxies, are now handled according to the Sharia Procedure Law, meaning that the provisions related to them were not abolished but became obsolete because the law allowed these transactions to be executed electronically, emphasizing that the use of electronic means has become possible for conducting these procedures, in line with technological developments and ensuring the speed and transparency of transactions.
The members of parliament agreed, by a majority, on their committee's decision regarding the third article, which appeared in the amended bill, which states: "Amend article 5 of the original law as follows: First - by annulling the text of paragraph (a) contained therein and replacing it with the following text: A - The Ministry of Digital Economy and Entrepreneurship shall act as the electronic certification authority for ministries, general public institutions, and municipalities, and shall issue electronic certification certificates for their use in transactions according to the established certification procedures."
Secondly: by annulling the term 'communications and information technology' in paragraph (b) and replacing it with (the digital economy and entrepreneurship)."
Meanwhile, the fifth article as it appeared in the original law (Electronic Certification Body) states: "A - The Ministry of Communications and Information Technology is considered the electronic certification body for ministries, public institutions, and municipalities, and it issues electronic certification certificates for their transactions. B - The Council of Ministers, based on a recommendation by the Minister of Communications and Information Technology, may entrust any public authorities or governmental bodies with the tasks indicated in paragraph (A) of this article."
Furthermore, the members of parliament agreed, by a majority, on their committee's decision regarding the fourth article, which appears in the amended bill, stating: "Amend article 6 of the original law by annulling the term (paragraph b of) at the beginning of it."
The sixth article of the original law (Presentation of Registration or Contract in Writing) states: "In accordance with the provisions of paragraph (b) of article 3 of this law, if any legislation requires the submission of any registration, contract, document, or certificate in written or paper form, the submission of the electronic registry specific to any of these shall produce the same legal effects provided that the following conditions are met: A - The registry's information can be viewed. B - The electronic registry can be stored and accessed at any time without any alterations."
