What is an electronic signature?
An electronic signature identifies the person who signs and guarantees that the document has not been altered after signing. It replaces the handwritten signature on paper, with no printing or travel.
What is its legal value?
In Tunisia, Morocco and the United Arab Emirates, an electronic signature can be equivalent to a handwritten signature if it identifies the signatory and guarantees the integrity of the document. The higher the signature level, the stronger the evidence in case of a dispute.
In Tunisia, the reference text is Law No. 2000-83 of 9 August 2000 on electronic exchanges and commerce, and TunTrust is the national certification authority.
Some documents remain excluded or subject to specific formalities (personal status, certain real-estate deeds, notarial deeds): check case by case. This information is general and does not replace legal advice.
Reference texts in Tunisia
Law No. 2000-83 of 9 August 2000 on electronic exchanges and commerce applies the rules of written contracts to electronic contracts (art. 1) and recognises a preserved electronic document as evidence, on the same footing as a written one, provided it is kept intact (art. 4).
The signature must rely on a reliable device whose technical characteristics are set by ministerial order (art. 5, order of 19 July 2001). Certification providers need prior authorisation from the National Digital Certification Agency (art. 9 and 11); TunTrust, operated by this agency, is the national certification authority.
The Code of Obligations and Contracts gives an electronic document the value of a private deed when it is kept in its final form through a reliable process and backed by an electronic signature (art. 453 bis).
Certificate holders must protect their signature data and report any illegitimate use (art. 6 and 21 of Law No. 2000-83); using another person's signature without right is punishable by imprisonment and a fine (art. 48).
Qualified signature and the EU eIDAS regulation
In the European Union, the eIDAS Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183, distinguishes simple, advanced and qualified electronic signatures (art. 3). A signature cannot be denied legal effect solely because it is electronic, and a qualified signature has the legal effect of a handwritten signature (art. 25).
TunTrust's qualified certification authority has been assessed against ETSI EN 319 411-2, the technical standard for eIDAS qualified certificates. The Tunisian qualified signature therefore relies on the same standards, without being automatically recognised as a qualified signature in the EU, as no recognition agreement is in place.
In Morocco and the United Arab Emirates
In Morocco, Law No. 43-20 on trust services for electronic transactions follows the same three levels: simple, advanced and qualified.
In the United Arab Emirates, Federal Decree-Law No. 46 of 2021 on electronic transactions and trust services distinguishes the electronic signature, the advanced electronic signature and the qualified electronic signature, the latter having the same force as a handwritten signature.
Which documents can be signed online?
Any document you create or import into E-Tafakna: commercial contracts, service agreements, NDAs, HR documents, subject to the excluded documents mentioned above.