Boussayen Knani & Associés

Insights

The lawyers of Boussayene Knani & Associés frequently contribute to publications in several legal journals specializing in Business Law.
In addition, members of the firm regularly host training seminars on current topics in Business Law and Arbitration, intended in particular for lawyers, businesses and management executives.

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JULY 28, 2020

Note on electronic signature

The electronic signature corresponds to the transposition into the digital world of the handwritten signature. It is a reliable engagement mechanism using cryptographic techniques. The signatory’s commitment is irrevocable. The document is unalterable, it cannot be modified.

This process is provided for by Tunisian law and its validity is recognized. It expresses the consent of the signatory within the framework of an electronic contract.

Thus, article 453 paragraph 2 of the Code of Obligations (COC) and Contracts provides that:
The signature consists of opposing in the contractor’s own hand a name or a special sign integrated into the writing to which it relates. When the signature is electronic, it consists of the use of a reliable identification process guaranteeing the link between said signature and the electronic document to which it is attached…

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