Definition of Electronic Document (Electronic Editor):
The Egyptian legislator defined it in Law No. (15) of 2004 regarding the regulation of electronic signatures as: “A message containing information generated, integrated, stored, sent, or received by electronic, optical, or any other similar means.”
Validity of Electronic Documents in Egyptian Judicial System in Civil and Commercial Cases:
Law No. (15) of 2004, regulating electronic signatures, in its Article (15), regulates the validity of such documents, considering them having the established validity of official and customary documents under the provisions of the Law of Evidence in Civil and Commercial Matters. The article states:
“Electronic writing and electronic documents have the validity of official and customary writings in the provisions of the Law of Evidence in civil, commercial, and administrative matters, provided they meet the conditions stipulated in the law according to the technical and technological regulations specified in its executive regulations.”
Therefore, electronic documents will only be considered valid if they meet the conditions stipulated in the Electronic Signature Law and its executive regulations issued by the Minister of Communications and Information Technology in Decision No. 109 of 2005.
The executive regulations of this law, in Article (8), stipulate:
“Without prejudice to the conditions stipulated in the law, the validity of proof established for official or customary electronic writing is achieved if the following technical and technological conditions are met:
(a) Technically feasible to determine the time and date of creation of electronic writing or official and customary electronic documents, and this determination is made through an independent electronic storage system.
(b) Technically feasible to determine the source of creation of electronic writing or official and customary electronic documents and the degree of control of its creator over this source.
(c) In the case of creation and issuance of electronic writing, its validity is established if it is possible to verify the time and date of its creation and ensure the non-tampering of this writing or those documents.”
Thus, if these conditions are met, the electronic document acquires the validity of an official document.
