Compatibility of electronic signatures with the principle of freedom of evidence and their validity in proving electronic commercial transactions in Algerian legislation and comparative legislation

Abstract

As the traditional signature has proved unable to keep pace with the rapid development of commercial transactions, which have increasingly moved to electronic formats, various issues have arisen, mainly concerning the documentation of these types of transactions. This is particularly relevant for the proof of commercial transactions, which are based on the principle of freedom of evidence. Consequently, an electronic signature mechanism was introduced to address this issue.

In response, many legislators, both international and national, rushed to give significant importance to this type of signature, defining it and clarifying its evidential value, allowing it to be used as an effective legal tool for proving various electronic commercial transactions, in accordance with the principle of freedom of evidence. These legislations have unanimously recognised electronic signatures and granted them full evidential value, equating them to traditional means of proof used in this field. This clearly indicates the suitability of electronic signatures for proving electronic commercial transactions, highlighting their alignment with the principle of freedom of evidence applied to commercial transactions in general