Libya’s electronic transactions law no. 6 of 2022

Law No. 6 of 2022 concerning Electronic Transactions, enacted by the Libyan State, addresses the increasing significance of digital interactions in today’s technological landscape. Recognising the role of electronic tools and transactions in modern society, this law aims to provide a robust legal framework to regulate, authenticate, and secure electronic transactions. It further ensures public trust by safeguarding data integrity, protecting personal information, and preventing misuse of digital systems. This comprehensive legislation integrates principles of confidentiality, accuracy, and security to support seamless operations in areas ranging from e-commerce to banking and public administration.

The law is designed to adapt to advancements in electronic communication, acknowledging its criticality in fostering efficient economic activities and digital governance. By defining specific terms, outlining responsibilities, and stipulating penalties for violations, it establishes the groundwork for a transparent and secure digital ecosystem in Libya.

Overview of the chapters

Chapter one: General provisions

This chapter provides the definitions and scope of the law. It includes terms such as electronic transactions, electronic signatures, and encryption, which form the foundational vocabulary for interpreting subsequent chapters. It also clarifies the applicability of the law and excludes certain areas, such as wills, real property rights, and litigation procedures.

Chapter two: Electronic signatures and electronic documents

Focuses on the use, creation, and validity of electronic signatures and documents. It establishes the conditions under which electronic signatures are legally binding and outlines the obligations of the signatories and authentication service providers. It emphasises data preservation, security, and the equivalence of electronic and traditional documentation.

Chapter three: Electronic authentication

Establishes the National Authority for Information Security and Safety as the governing body for electronic authentication. It outlines the licensing requirements for authentication service providers and defines their responsibilities in issuing and managing electronic certificates. Procedures for suspension, cancellation, and confidentiality of certificates are also detailed.

Chapter four: Electronic transactions

Discusses the legal recognition of electronic contracts and transactions. It includes provisions for e-commerce, specifying the seller’s obligations to disclose critical information to consumers and ensure the reliability of digital contracts. Consumer rights regarding product returns, refunds, and warranty claims are protected under this chapter.

Chapter five: Methods of protecting electronic transactions

Covers the technical safeguards for securing electronic transactions. It highlights methods such as encryption, firewalls, anti-virus software, and backup systems to maintain data integrity and prevent unauthorised access.

Chapter six: Banking operations

Focuses on electronic payment systems and transactions. It mandates explicit agreements between customers and banks, covering aspects such as transfer orders, commissions, and safeguards against unauthorised access. The chapter also regulates the use of electronic money, bank cards, and electronic checks, ensuring transparency and customer protection.

Chapter seven: Protection of personal data

Defines the principles for collecting, processing, and transferring personal data in the context of electronic transactions. It restricts unauthorised data usage, mandates explicit consent for data collection, and establishes safeguards for data security. Special provisions are included for data transfer across borders, emphasising adequate protection levels.

Chapter eight: Crimes and penalties

Lists offenses related to electronic transactions, such as forging electronic signatures, unauthorised data access, and the misuse of authentication certificates. It prescribes penalties, including imprisonment and fines, for violators. The chapter also holds organisations accountable for their involvement in unlawful activities.

Chapter nine: Final provisions

Includes administrative provisions for enforcing the law. It designates specific employees as judicial officers to monitor compliance and apprehend violators. The chapter also mandates the publication of executive regulations within a year and repeals any conflicting legislation.