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Law 3 Of 2014 Electronic Transactions Act

Original Language Title: القانون 3 لعام 2014 قانون المعاملات الإلكترونية

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Law No. 3 of 2014 Electronic Transactions Law


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Law No. 3 of 2014
Date-birth: 2014-03-11 History-Hjri: 1435-05-10
Published as: 2014-03-11
Section: A law.

Information on this Act:
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Law 3 of 2014
Electronic transactions

President

Based on the Constitution

As approved by the People's Assembly at its meeting held in the history of 3-5-1435 A.H., 4-3-2014, my birth,

exports the following :

Chapter I

Definitions

Article 1

In addition to the definitions in Article 1 of the Electronic Signature Law and Outbound Network Services By Act No. 4 of 2009 The following expressions are intended to apply the provisions of this Law to the meaning of each of them :

  • Transactions: a procedure or a procedure between two or more Parties of a civil, commercial or administrative nature .
  • Electronic transactions: transactions carried out by electronic means .
  • Electronic information system: an information system used for the introduction, exchange, processing, storage, storage or retrieval of information by electronic means .
  • Electronic message: information sent or received by electronic means .
  • Electronic commercial basis: Commercial bond or other negotiable attribution provided for in the Trade Act if it is constructed or traded electronically .
  • Financial institution: authorized financial transactions by applicable laws and regulations .
  • Electronic contract: agreement between two or more parties to be held or implemented in whole or in part by electronic means .
  • Electronic agent: an electronic information system capable of automatically acting on behalf of a natural or legal person .
  • Consumer: Any natural person who buys or hires a commodity or benefits from a service by electronic means for purposes that do not interfere in his professional economic activity .
  • Vendor: any natural or legal person who engages in commercial activity as selling, supplying, distributing, leasing or providing a service of any kind by electronic means .
  • Electronic payment: any transfer of funds by electronic means authorizing the financial institution to conduct operations on the accounts of dealers in accordance with the regulations and instructions in force issued by the Central Bank of Syria .

Chapter II

In proof.

Article 2

Taking into account the authentic legally prescribed electronic signature law, the authoritative electronic writing is a paper-based writing law and the exchange of information electronically by fax, e-mail or any other electronic means is authentic, judicial evidence or principle. Write-proof .

Article 3

If the parties agree to conduct transactions by electronic means and the legislation on such treatment requires that information concerning them be provided, transmitted or delivered in paper, they may, for this purpose, be considered by electronic means in accordance with the requirements of such legislation if they are not capable of extracting, storing and referring to this information .

Chapter III

Expression of will and negotiation phase

Article 4

Electronic means are a legally acceptable way of expressing the will to make an affirmative or to accept the intent to establish, modify, transfer or leave a commitment. .

Article 5

A contract whose party is an electronic intermediary is correct and productive for its legal effects .

Chapter IV

Proof of arrival of email, time and place of electronic contract

Article 6

  1. The e-mail is issued by the sender and the addressee is entitled to act on the basis of this assumption. :
  1. If the sender is the one who sent it himself or sent someone to act on behalf of the sender. .
  2. If you send an electronic agent on behalf of the sender, .
  3. If the addressee uses an electronic information system, it has previously agreed with the sender to use it for this purpose to verify that the e-mail is issued by the sender .
  1. The provisions of the first paragraph of this article shall not apply in the following cases :
  1. If the addressee knew or could have known that the e-mail had not been issued by the sender, .
  2. If there's an agreement between the two parties otherwise, .

Article 7

a. If the sender has commented on the electronic message to inform him of receipt by the addressee, the message shall be treated as if it was not until he received this report. .

b. If the sender of the e-mail is requested to inform him of receipt of that letter or to do so, the consignee shall notify the sender by electronic means or any other means or act indicating that he or she has received the e-mail. In response to that request or agreement, unless the consignee and the consignee agree that the reporting is in a specific form .

c. The notification to the addressee of the receipt of the e-mail by the addressee is not proof that the content of the message delivered by the addressee is identical to the content of the e-mail sent by the sender unless the content of the communication is reported in the content of the communication. .

Article 8

a. The e-mail has been sent since the time of its entry into an electronic information system that is not controlled by the addressee or on behalf of it. This is unless the sender and the consignee agree otherwise. .

b. If the addressee has set an electronic information system to receive the e-mails, the message has been received since the time of its entry into that system. If the message is sent to a system that is not specified, it is the time for which it was first reported to the addressee when it was first received. .

c. If the consignee does not specify an electronic information system for the receipt of e-mails, the time of receipt of the communication is at the time of its entry into any electronic information system of the addressee, even if it has not already been accessed by the addressee. .

Article 9

a. The e-mail is sent from the place where the sender's work is located and that it was received at the location where the sender's work is located, and if neither of them has a working headquarters, the transposition of the place of residence is unless the sender and the consignee agree otherwise. .

b. If the addressee or the consignee has more than one duty station, the most relevant headquarters for the transaction is the place of transmission or receipt and when it is not likely the main duty station shall be the place of delivery or receipt, with no prejudice to the provisions of the legal person .

Article 10

The electronic contract is made in the place and time when the acceptance was received unless otherwise agreed upon. .

Article 11

Unless there is agreement between the parties to the electronic contract on the applicable law applicable to the applicable law, the rules of private international law provided for in the Civil Code .

Article 12

The rules on the general international jurisdiction provided for in the Code of Civil Procedure and its amendments apply to electronic contracts if the parties to the contract are in two different countries. If they are in Syria, the general rules apply to jurisdiction. .

Chapter V

Electronic commercial attribution and other negotiable attribution

Article 13

a. The electronic commercial bond holder is authorized to use the rights related to this bond if the electronic information system used to establish the bond and its circulation is qualified to prove the conversion of the right to that bond and the verification of the parties to the bond. .

b. The Electronic Information System is qualified to prove the trading of the right in Sindh if this system allows for the establishment, preservation and conversion of the electronic commercial bond, and the version adopted by Sindh is indicative of the names of the Indus parties. .

c. A certified copy is sent and saved by the people who have the right to it. .

Article 14

The parties to the relationship in the electronic commercial bond are entitled to all the rights and defences of the parties to the written commercial support in accordance with the provisions of the trade law if the bond complies with all of their conditions mentioned in this law. .

Chapter VI

Electronic Payment

Article 15

Electronic payment is an acceptable means of expiration of compliance according to general rules. .

Article 16

The electronic payment is subject to the Basic Monetary Act and the laws regulating the work of the Central Bank of Syria, the banking laws in force and the procedures and controls put in place by the Central Bank of Syria. .

Chapter VII

Consumer protection

Rule 17

a. The vendor has to provide clear information to enable the consumer to make his/her decision to purchase and from :

  • Introduction to the vendor, address, number, place of registration and e-mail .
  • Detailed description of the electronic transaction completion stages .
  • Type, nature, properties, specifications, price of the goods or service .
  • expenses for delivery of the product, amount of insurance, taxes due and any other amounts .
  • Time period during which the seller is committed to the stated prices .
  • Post-sale service information and commercial warranties .
  • Electronic payment methods and procedures .
  • Ways and means of delivery and implementation of the contract and the consequences of failure to implement obligations .
  • Ways to return or replace the product and recover the amount paid and required .
  • Currency Payable .
  • Additional expenditure for the use of communications technologies for treatment if applicable .
  • Guidance for using goods and warnings from wrong use .

b. Any e-mail addressed to the consumer is required to include the identity of the consignee or its representative in an approved manner .

c. This information must be provided electronically to the consumer for viewing at all stages of the electronic transaction .

Rule 18

Prior to the sale process, the seller should enable the consumer in an appropriate electronic manner to review the errors of information entry, final review of all its options and enable it to approve, change or reverse the contract upon its will. .

Rule 19

On arrival, the seller has to feel the consumer in a way that can be saved with the following. :

  1. To the benefit of the seller's commitment to delivery .
  2. Information and communication tools that allow the consumer to track the execution of the contract .

Rule 20

a. For the consumer to exercise the right of change from purchase and to inform the seller and return the goods within ten days of the start of the business. :

  • For goods: from the date of receipt by the consumer .
  • For services: from date of commencement of service .

b. Return expenses shall be at the expense of the seller if the information on goods or services is unclear or incorrect, and if the seller has fulfilled all of its obligations to indicate the information provided for in this law, the return shall be at the expense of the buyer .

c. The provisions of this article shall not apply if the parties agree otherwise .

Rule 21

In cases where the seller may return the payment to the consumer immediately after the seller receives the goods within seven days pursuant unless otherwise agreed upon by the seller .

Rule 22

Taking into account Article 17 of this Law, the Consumer is not entitled to change procurement in the following cases. :

  1. If the goods use or use the service for a period of time beyond the duration of the agreed experiment, .
  2. If the commodity or service has been prepared with special specifications for the consumer or modified to suit its demand, .
  3. If the consumer completely disposes of audio or video recordings or software and information materials .
  4. In the case of buying newspapers, magazines, publications and books. .
  5. In the event of a defect in the commodity or service as a result of misuse or preservation by the consumer .
  6. If the commodity is software carrying the Internet, unless it finds a defect in it, the consumer has no role in it. .

Rule 23

The parties to the economic activity who practice their activities by electronic means shall protect all information returned to the other parties and shall not act or deal with the material or moral harm to the owners of such information except with the express consent of the owners of such information. .

Chapter VIII

General provisions

Rule 24

In all that is not provided for in this law, due to the Law on Trade, the Electronic Signature Law, the Network Services, the Law on Network Communication, the Anti-Informatics Crime Law, the Consumer Protection Act and the laws regulating the work of the Central Bank of Syria and the rules of international commercial practice. Relationship to the transaction or electronic business and other relevant laws and regulations .

Rule 25

a. To be determined by the decisions of the Cabinet of Ministers in charge of the application of this law and the tasks assigned to each of them .

b. The law enforcement agencies shall establish the necessary regulations for the application of the provisions of the law. .

Rule 26

This law is published in the Official Journal and is in effect six months after the date of publication. .

Damascus 10-5-1435 A.H., 11-3-2014, my birthday .

President

Bashar al-Assad

mz












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