Is an electronic signature legally valid in Tunisia?

Yes. Law No. 2000-83 applies the rules on written contracts to electronic contracts and recognises the evidential force of electronic documents. For maximum security, use a certificate issued by an authorised certification provider.

What is the difference between a simple and a qualified electronic signature?

A simple signature can be a click or a scanned image, and its value depends on the evidence available. A qualified signature relies on a certificate issued by an accredited provider and, in many countries, is presumed equivalent to a handwritten signature.

Can every contract be signed electronically?

No. Some documents, such as certain real estate deeds or personal status acts, often require a notarial form or a handwritten signature. Check the local exclusions before signing remotely.

Clause templatesGeneral

Electronic signature and counterparts clause

This clause confirms that the parties accept electronic signature and that the electronically signed contract binds them as a paper original would. It also allows signature in separate counterparts and organises archiving. It reduces the risk of a party later disputing the validity of a remote signature.

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Clause template

1. The parties agree to sign this contract by electronic signature using [SOLUTION OR TRUST SERVICE PROVIDER], which identifies each signatory and guarantees the integrity of the signed document. 2. Each party acknowledges that the electronically signed contract has the same binding force and the same evidential value as a contract signed by hand on paper, within the limits of applicable law. 3. The contract may be signed in several counterparts, electronic or paper, each of which is deemed an original and which together constitute one and the same instrument. 4. The signed electronic file, its audit trail and timestamps shall be kept by [PARTY OR PROVIDER] for at least [DURATION] in conditions that guarantee their integrity, and shall be available to each party on request. 5. No party may contest the validity of the contract solely on the ground that it was signed electronically.

Replace the bracketed items before use.

Variants

Qualified signature required

The parties agree that this contract shall be signed by a qualified electronic signature issued by a trust service provider accredited in [COUNTRY], based on a qualified certificate. Any signature that does not meet this requirement shall not bind the party concerned.

When to use it

Contracts signed remotely between parties in different cities or countries
Employment contracts, offer letters and amendments signed online
Service, freelance or partnership agreements concluded on a platform
Any contract signed in several copies on different dates

Mistakes to avoid

Using a simple scanned signature for a high-stakes contract without any audit trail
Signing electronically a document for which local law requires a handwritten signature or a notarial deed
Failing to archive the audit file and certificate, which weakens evidence in a dispute
Choosing a provider not recognised in the country where the contract must be enforced

Country-specific notes

Tunisia
Law No. 2000-83 on electronic exchanges and commerce applies the rules on written contracts to electronic contracts and gives the retention of an electronic document the same evidential force as a paper document. Certification providers must be authorised by the national certification agency.
Source: Law No. 2000-83 of 9 August 2000 on electronic exchanges and commerce
United Arab Emirates
Federal Decree-Law No. 46 of 2021 distinguishes simple, advanced and qualified electronic signatures; only the qualified signature is deemed equivalent to a handwritten one.
Source: Federal Decree-Law No. 46 of 2021 on electronic transactions and trust services
Saudi Arabia
The Electronic Transactions Law gives an electronic signature the same legal effects as a handwritten one. Personal status transactions and deeds relating to real property are excluded unless the competent authorities allow them.
Source: Saudi Electronic Transactions Law (MCIT)
France
A signature is valid if it identifies its author and shows their consent to the obligations of the act. The Cour de cassation has held that a scanned signature is not an absence of signature where its author is identified.
Source: KPMG Avocats, Valeur juridique de la signature numérisée

Contracts that use this clause

Frequently asked questions

Yes. Law No. 2000-83 applies the rules on written contracts to electronic contracts and recognises the evidential force of electronic documents. For maximum security, use a certificate issued by an authorised certification provider.

Other General clauses

Sources

Indicative template, to adapt to your situation. It does not replace legal advice.

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Electronic signature and counterparts clause

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Variants

Qualified signature required

Mistakes to avoid

Using a simple scanned signature for a high-stakes contract without any audit trail

Signing electronically a document for which local law requires a handwritten signature or a notarial deed

Failing to archive the audit file and certificate, which weakens evidence in a dispute

Choosing a provider not recognised in the country where the contract must be enforced

Country-specific notes

Tunisia

Law No. 2000-83 on electronic exchanges and commerce applies the rules on written contracts to electronic contracts and gives the retention of an electronic document the same evidential force as a paper document. Certification providers must be authorised by the national certification agency.

Law No. 2000-83 of 9 August 2000 on electronic exchanges and commerce

United Arab Emirates

Federal Decree-Law No. 46 of 2021 distinguishes simple, advanced and qualified electronic signatures; only the qualified signature is deemed equivalent to a handwritten one.

Federal Decree-Law No. 46 of 2021 on electronic transactions and trust services

Saudi Arabia

The Electronic Transactions Law gives an electronic signature the same legal effects as a handwritten one. Personal status transactions and deeds relating to real property are excluded unless the competent authorities allow them.

Saudi Electronic Transactions Law (MCIT)

France

A signature is valid if it identifies its author and shows their consent to the obligations of the act. The Cour de cassation has held that a scanned signature is not an absence of signature where its author is identified.

KPMG Avocats, Valeur juridique de la signature numérisée