The Prime Minister of Iraq, H.E. Mr. Mohammed Shia’ Al-Sudani, has recently approved the introduction of electronic signatures for use by government institutions, the private sector, and individual citizens. This marks a formal step towards the activation of the Electronic Signature and Electronic Transactions Law No. (78) of 2012, together with its implementing regulations issued for 2025.
The announcement was accompanied by the execution of the first two official transactions using electronic signatures by the Prime Minister and the Minister of Communications, signaling the commencement of this technology’s use in official dealings.
Why this development matters
It represents the practical implementation of a key commitment under the Government Program in the areas of digital transformation and automation.
It enhances transparency and supports the fight against administrative and financial corruption by reducing reliance on paper-based procedures.
International recognition of this mechanism is expected to strengthen public confidence in state institutions and improve the business climate in Iraq.
It lays the foundation for digital infrastructure, including data centers and capacity-building for specialized staff, in coordination with the Ministry of Communications.
Legal scope of application under Law No. (78) of 2012
Transactions covered:
Electronic transactions conducted by natural or legal persons.
Transactions where the parties have expressly agreed to use electronic means.
Electronic financial and commercial instruments.
Transactions excluded:
Personal status matters (such as marriage and divorce).
The creation or amendment of wills and endowments (waqf).
Dispositions relating to immovable property (such as sale, gift, or real estate powers of attorney), except lease agreements.
Transactions that the law requires to follow a particular formality (for example, in the presence of witnesses or by an official deed).
Court proceedings, judicial notices, arrest and search warrants, and judicial judgments.
Documents that must be notarized before a notary public.
Legal recommendation
Public and private sector entities alike should prepare—both legally and technically—for the application of electronic signatures in their transactions. Careful attention should be given to distinguishing between transactions covered by the Law and those excluded from its scope, in order to ensure compliance and procedural validity.
For further information or advice on the application of this Law in the context of your business, please contact the Legal Department at Salt & Associates.
Samah Al-Khatoun
Junior Associate | Salt & Associates
