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E-commerce: Key Steps to Sign a Contract Electronically
Is a contract signed online as valid as paper? 2026 rules in Tunisia, Morocco and the UAE, signature levels and the steps to sign safely.
A contract concluded and signed online has, in principle, the same value as a paper contract. In Tunisia, Law No. 2000-83 applies the written-contract rules to electronic contracts. Morocco and the United Arab Emirates set the same rule.
Two points make the difference in a dispute: the level of signature used and how the document is kept. Some deeds remain excluded and require an authentic deed or a legalised signature.
What legal value does an electronic contract have?
Tunisia: the written-contract rules apply to electronic contracts as regards consent, legal effect, validity and performance (art. 1 of Law No. 2000-83 of 9 August 2000). An electronic document has the evidential value of a private deed if it is kept in its final form by a reliable process and backed by an electronic signature (Code of Obligations and Contracts).
Morocco: where writing is required for validity, it can be drawn up and kept in electronic form (art. 2-1 of the Code of Obligations and Contracts, DOC). Electronic writing has the same evidential force as paper (art. 417-1). Articles 65-1 to 65-7 govern contracts concluded electronically.
United Arab Emirates: under Federal Decree-Law No. 46 of 2021, in force since 2 January 2022, an electronic document does not lose its evidential value or enforceability merely because it is electronic.
Which signature level should you choose?
All three countries distinguish several levels. The higher the level, the stronger the proof of the signer's identity and of the document's integrity.
Simple signature: ticked box, typed name, signature image. Valid, but easy to challenge.
Advanced or reliable signature: linked only to the signer, under their sole control, and making any change detectable. In Morocco this is the advanced signature (art. 5 of Law No. 43-20); in the UAE, the reliable signature.
Qualified signature: an advanced signature created with a qualified device and a qualified certificate (art. 6 of Law 43-20). In Morocco it gives the deed the evidential force of a private deed (art. 417-3 DOC); in the UAE it is treated like a handwritten signature, according to Al Tamimi & Company.
Tunisia: an electronic signature is defined as the use of a reliable identification process that guarantees the link between the signature and the document (art. 453, para. 2, COC). Certificates are issued by the National Electronic Certification Agency, TunTrust, the root certification authority.
Online sales in Tunisia: what the seller must do
Law 2000-83 sets precise rules for electronic sales contracts with consumers:
Pre-contract information: seller's identity and contact details, product description and price, delivery costs and taxes, offer duration, warranty, payment, delivery and withdrawal terms (art. 25).
Order summary: the consumer must be able to check, confirm or change the order before the contract is concluded (art. 27).
Conclusion: unless agreed otherwise, the contract is concluded at the seller's address on the date the order is accepted; acceptance takes the form of a signed electronic document sent to the consumer (art. 28).
Record: on request, the seller provides a written or electronic record of the transaction within 10 days of conclusion (art. 29).
Withdrawal: 10 working days, from receipt for goods or from conclusion for services; refund within 10 working days, return costs borne by the consumer (art. 30).
Exceptions: personalised goods, perishables, unsealed audio, video or software, newspapers and magazines, services already provided at the consumer's request (art. 32).
Unavailability: inform the consumer at least 24 hours before the planned delivery date and refund the full amount paid (art. 35).
Steps to sign a contract online
Finalise the text: parties, purpose, price, term, termination, governing law and jurisdiction. An ambiguous contract stays ambiguous, however well it is signed.
Identify the signers and check their authority: company manager, agent with a power of attorney.
Choose the signature level according to the stakes: simple for a routine order, TunTrust certificate or qualified signature for a major contract.
Convert the final document to PDF and lock it: no changes after sending.
Have each party sign in the agreed order, then check that each signature is valid in the file.
Add a time stamp to give the signature a reliable date.
Send each party the signed file, not a printed and rescanned copy.
Archive the original file and its signature evidence in secure storage.
Keeping the contract so you can prove it
In Tunisia, keeping an electronic document has the same evidential value as keeping a written one. The sender keeps the document in the form sent, the recipient in the form received. The medium must allow the document to be consulted, preserve its integrity and keep information on its origin, destination and date (art. 4 of Law 2000-83).
In practice: keep the original signed file, the sending emails and the signature logs. A paper printout of an electronically signed contract does not prove the signature.
Deeds that cannot be signed online
Tunisia: deeds the law requires in authentic form or with a legalised signature, for example certain sales or gifts and transfers of company shares, according to DLA Piper Africa.
Morocco: deeds relating to the Family Code and private deeds relating to personal or real security, unless made by a person for professional purposes (art. 2-1 DOC).
UAE: Decree-Law 46/2021 has no list of exclusions, but a specific law may require a particular form. Check the law governing the transaction, especially for real estate or notarial matters.
Mistakes to avoid
Assuming an email exchange is worthless: it can form a contract, but proving it is harder than with a signed document.
Using a simple signature for a high-stakes contract.
Editing the PDF after the first signature: the second party then signs a different document.
Omitting the mandatory information of article 25 in an online sale in Tunisia.
Signing electronically a deed that requires authentic form.
How E-Tafakna can help
E-Tafakna offers contract templates and country guides and, for Tunisia, issues TunTrust electronic signature certificates as a delegated registration authority. The certificate is then used with compatible signing tools.
Frequently asked questions
Does an electronic contract have the same value as a paper one in Tunisia?
Yes. Law No. 2000-83 applies the written-contract rules to electronic contracts, unless the law provides otherwise. Its evidential strength depends on the signature used and how it is kept.
What is the withdrawal period for an online purchase in Tunisia?
10 working days, from receipt of the goods or from conclusion of the contract for a service (art. 30 of Law 2000-83). Some products are excluded, such as personalised or perishable goods.
Is a simple electronic signature valid?
Yes, it is not void merely because it is electronic. But it poorly proves the signer's identity. For an important contract, use an advanced or qualified signature, or a TunTrust certificate in Tunisia.
Can a transfer of company shares be signed online in Tunisia?
No, where the law requires an authentic deed or a legalised signature. DLA Piper Africa cites transfers of company shares as such a case.
Should I print the electronically signed contract?
No. The signed file is the evidence. Keep it with its signature data; a printout can serve as a working copy.
Sources
Tunisian Law No. 2000-83 of 9 August 2000 on electronic exchanges and commerce, arts. 1, 4, 25 to 35 (cmf.tn)
Tunisian Code of Obligations and Contracts, art. 453, as presented by DLA Piper Africa (April 2020) and Boussayen Knani & Associés
Moroccan Law No. 53-05 on the electronic exchange of legal data, Dahir No. 1-07-129 of 30 November 2007, consolidated version: DOC arts. 2-1, 65-1 to 65-7, 417-1 to 417-3 (adala.justice.gov.ma)
Moroccan Law No. 43-20 on trust services, Dahir No. 1-20-100 of 31 December 2020, Official Bulletin No. 6970 of 18 March 2021 (adala.justice.gov.ma)
UAE Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services, as presented by Al Tamimi & Company (February 2022) and Charles Russell Speechlys (2026)
TunTrust, National Electronic Certification Agency (tuntrust.tn)
Draft and sign your contracts online
Templates that follow your country's law, electronic signature (including TunTrust qualified signature in Tunisia) and secure archiving.
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E-commerce: Key Steps to Sign a Contract Electronically
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