The legal evidentiary value of electronic documents and electronic messages in Iraq is based on equating an electronic instrument with a paper instrument whenever it satisfies the legal and technical requirements that ensure its reliability.

The Electronic Signature Law provides in Article (13/First) that electronic documents, electronic writing, and electronic contracts have the same legal evidentiary value as their paper counterparts if specific conditions are met.

Conditions for the Legal Evidentiary Value of Electronic Documents and Messages under Article 13/First

To acquire legal evidentiary value, electronic documents and messages must meet the following conditions:

1. Ability to Preserve and Retrieve

• The information contained in the electronic document must be capable of being saved and stored so that it can be retrieved at any time.

• This ensures the existence of a stable electronic record that can be referred back to without loss or damage.

2. Integrity of the Content Against Alteration

• It must be possible to keep the document in the form in which it was created, sent, or received, or in any form that facilitates proving the accuracy of the information contained in it.

• The content must not be capable of modification by addition or deletion, preventing tampering with the data after it is created.

3. Sender Identity and Time

• The information must indicate the identity of the person who created, sent, or received the document.

• The date and time of sending and receiving must be stated in a way that enables accurate tracing of the source, destination, and timing.
  These three conditions collectively aim to ensure the reliability of the electronic document in terms of its preservation, the integrity of its content, and the identification of its creator and recipient. By meeting them, electronic messages, including email, acquire a legal evidentiary value equal to ordinary paper documents in proof.

Methods of Proving the Authenticity of an Electronic Document under Article 13/Third

The law allows both the signatory and the addressee to prove the authenticity of the electronic document by all legally available methods of proof, enabling the use of various forms of evidence in disputes over the authenticity of an electronic message, including:

• Witness testimony

• Presumptions

• Technical expertise and technical evidence
  Accordingly, an email that is electronically signed and meets the conditions enjoys the same evidentiary force as an ordinary written document, and Evidence Law No. 107 of 1979 confirmed this principle with respect to signed letters.

The Certified Electronic Signature and Its Legal Evidentiary Value

The legal evidentiary value of electronic documents and messages is usually complete when the message is signed with a documented electronic signature.

Law No. 78 of 2012 defined the electronic signature as a personal mark that takes the form of letters, numbers, symbols, signs, sounds, or otherwise, having a unique character indicating its attribution to the signatory and being certified by a certification authority.

Certification Authority and the Meaning of Certification

A certification authority is the legal person licensed to issue electronic signature certification certificates, i.e., the approved authority that issues a digital certificate linking the identity of the signatory to the data of the electronic signature.

Evidentiary Value of the Electronic Signature under Article 4/Second

Article (4/Second) provides that an electronic signature in civil, commercial, and administrative transactions has the same evidentiary value as a handwritten signature, provided that it is created in accordance with the conditions set out in Article (5).

Conditions for the Evidentiary Value of the Electronic Signature under Article 5

For an electronic signature to enjoy evidentiary value, the law requires the following:

1. The electronic signature must be certified by a licensed certification authority and a valid, effective electronic certification certificate must be issued for it.

2. The electronic signature must be linked to the signatory alone, and to no one else.

3. The electronic medium used to create the signature must be under the sole control of the signatory during the signing process.

4. Any modification or substitution in the electronic signature must be detectable through specific procedures and technologies to prevent forgery or to detect it if it occurs.

5. The signature must be created in accordance with technical procedures determined by the competent authority under instructions issued by the minister to ensure compliance with technical standards.
   Once these conditions are met, the certified electronic signature is valid and binding like a handwritten signature, and an electronically signed document with a legally documented signature is accepted in proof as if it were signed by hand. The absence of certification by a certification authority significantly reduces legal value because the law requires a valid electronic certification certificate for the signature to be considered documented.

Certification Authorities and Practical Implementation of the Law

The legal evidentiary value of electronic documents and messages is practically linked to the existence of licensed certification authorities and infrastructure for issuing digital certificates.

Although the 2012 law was issued, implementation was delayed for a long time due to the absence of licensed certification authorities. The General Company for International Network Services, affiliated with the Ministry of Communications, acted as the temporary regulator and registrar for the signatures of government entities.

2025 Instructions and Executive Activation

In 2025, Instructions No. (1) of 2025 were issued to facilitate the implementation of the Electronic Signature and Electronic Transactions Law No. 78 of 2012. They established a practical framework and technical arrangements for licensing certification authorities.

Under these instructions, the Ministry of Communications, through the competent body, grants licenses and defines the scope of work of certification authorities according to specific technical and legal conditions, while allowing government institutions and specialized private-sector companies to apply for a license to issue certification certificates.

The First Official License for a Private Certification Authority

In 2025, Iraq witnessed its first official license for a private company to act as an electronic certification authority. A contract was concluded with Vanrise Solutions to build and operate the national electronic signature system, and it received a license to issue digital certificates for five years under Law No. 78 of 2012. This coincided with completing a substantial portion of the technical infrastructure and officially launching the service under the supervision of the competent authorities.

Evidentiary Value of Copies of Electronic Documents under Article 14

Proof may require presenting an electronic image or copy of the original document. Article (14) addresses this and considers the copied image to have the status of an original copy if specific conditions are met.

Conditions for Treating an Electronic Copy as an Original

An electronic copy has the force of the original if it satisfies the following:

1. Full conformity with the original copy without distortion or deficiency.

2. The existence of the original electronic document and its signature on a trusted electronic medium.

3. The ability to preserve and store the copy’s data in a manner that allows reference to it when needed.

4. Preserving the copy in the form in which the original was created, sent, or received, in accordance with laws and instructions governing document retention.

5. Including the signatory and recipient data, and the date and time of sending and receiving, as in the original.
   If the copy meets these five conditions, it enjoys the same evidentiary force as the original and cannot be challenged merely because it is a “copy,” as long as conformity can be proven and the existence of the electronic original is established.

Presumption of Authenticity and Integrity of the Electronic Document under Article 17

The law strengthens confidence in electronic documents by establishing legal presumptions that assume authenticity and integrity unless the contrary is proven.

A Document Signed with a Documented Signature Is Deemed Fully Documented

If an electronic document, or any part of it, bears a valid documented electronic signature within the validity period of the certification certificate, it is considered documented as to its issuance by the signer and the signer’s acceptance of its content, according to the scope of the signature.

The Document Is Deemed Valid from the Date of Its Creation Unless Proven Otherwise

The law presumes the integrity of the electronic document from the moment it is created, and that no alteration or distortion occurred thereafter. Whoever alleges alteration or forgery bears the burden of proof. These presumptions are rebuttable through technical or expert evidence.

Scope of Application of the Law and Exceptions to Its Applicability

The Electronic Signature Law defined its scope of application and excluded certain matters from its provisions.

Scope of Application under Article 3

The law applies to:

1. Electronic transactions carried out by natural or legal persons.

2. Transactions whose parties agree to execute by electronic means.

3. Electronic financial and commercial instruments such as electronic bonds, shares, and checks.

Exceptions under Article 3/Second

The law does not apply to:

1. Personal status matters.

2. Creating a will or a waqf and amending their provisions.

3. Transactions disposing of immovable property, related powers of attorney, title deeds, and real rights over it, except lease contracts.

4. Transactions for which the law prescribes a specific formality.

5. Court procedures, judicial notifications, and judicial orders.

6. Documents that the law requires to be notarized by a notary public.
   In summary, some legal acts remain outside the electronic sphere due to their special nature or formal requirements, such as marriage, real estate sales, or judicial notifications.

Restricting the Evidentiary Effect of an Electronic Document by a Use Condition under Article 15/Second

The law allows the signatory to prevent the addressee from using the electronic document for purposes other than the purpose for which it was prepared; otherwise, such documents are not binding on the signatory. This means that if the sender conditions that a document or message is intended for a specific purpose, it may not be used outside that purpose.

If the recipient uses it outside the context for which it was prepared, it may lose its binding force against the signatory. This provides practical protection for correspondence intended for negotiation or settlement rather than as a final admission.

Conclusion

The provisions of Iraq’s Electronic Signature and Electronic Transactions Law No. (78) of 2012 confirm that electronic documents and electronic messages are treated like paper instruments for evidentiary purposes once the requirements of preservation and retrieval, content integrity, and identity and time are met under Article (13).

Their evidentiary strength is further reinforced through the certified electronic signature, the rules on electronic copies, and legal presumptions, while taking into account the scope of application and statutory exceptions.

If you need to assess the evidentiary strength of an email, a digital contract, or an electronic signature before courts or administrative bodies—or if you want to adopt correspondence and archiving policies that reduce risk and strengthen proof:

• Request a legal assessment of whether an electronic message/document can be relied on as evidence.

• Verify compliance with Article (13) and the validity of the signature certificate under Article (5) before any dispute arises.

• Adopt an internal policy for archiving, copy management, and—when needed—purpose-based use restrictions under Article (15/Second).

For specialized advice, contact Osama Tuma for Legal Services and Advisory, a law firm in Iraq providing services in electronic evidence, digital contracting, and compliance related to electronic signatures.