Electronic Transactions and Personal Data Law (Law No. 81) of Lebanon

October 2018

The ‘Electronic Transactions and Personal Data Law’ (Law No. 81) of Lebanon, ratified in 2018, provides a comprehensive legal framework for electronic transactions, personal data protection, and associated activities. The law was conceived to address the growing reliance on electronic documents, digital signatures, and online transactions, as well as the urgent need to regulate and protect personal data.

Before the enactment of this law, Lebanon lacked a comprehensive legislative framework to govern electronic transactions and safeguard personal data. This gap posed challenges for businesses, individuals, and public institutions, particularly in ensuring legal validity and security in the digital realm. Recognizing the necessity of establishing trust in electronic systems and safeguarding individual rights, the law aims to:

Support innovation and international integration: By adopting international standards for electronic authentication, domain name management, and IT services, the law positions Lebanon as a competitive player in the global digital economy.

Provide a legal foundation for electronic transactions: By granting electronic documents and signatures the same legal standing as their traditional counterparts, the law facilitates the transition to paperless processes in commerce, governance, and daily life.

Encourage economic growth through e-commerce: The legislation supports businesses engaging in electronic commerce by standardizing rules for digital contracts, advertisements, and online transactions, thereby fostering a secure and transparent online marketplace.

Ensure the protection of personal data: In response to global concerns about privacy and data misuse, the law introduces robust provisions to regulate data collection, processing, and storage, emphasizing individual rights and data security.

Enhance legal and judicial procedures: The law integrates mechanisms to recognize and utilize electronic evidence in legal and judicial proceedings, ensuring the relevance of digital tools in modern justice systems.

Overview of the law

1. Purpose and scope

  • The law governs electronic transactions, personal data processing, and related issues, recognising electronic documents and signatures as valid means of proof.
  • It aims to ensure legal certainty, enhance e-commerce, and protect individual privacy and freedoms.

2. Electronic transactions

  • Electronic writing and evidence: Electronic writings and signatures are equivalent to traditional ones if they are identifiable and securely stored.
  • E-commerce: Facilitates digital trade while mandating transparency in online contracts, pricing, and advertisements.
  • E-banking and financial services: Covers electronic payment systems, digital money transfers, and related client protections.

3. Personal data protection

  • General provisions: Personal data must be collected and processed lawfully, transparently, and for specified purposes.
  • Rights of individuals: Individuals have the right to access, correct, and object to the processing of their data.
  • Obligations of data controllers: Data processors must ensure security, prevent unauthorised access, and comply with licensing or registration requirements.

4. IT service providers

  • Defines roles and responsibilities of network service providers and data hosts.
  • Mandates data retention for investigative purposes while upholding confidentiality, except when legally required to disclose information.

5. Domain names

  • Establishes the ‘Lebanese Domain Name Registry’ (LBDR) to manage .lb and .لبنان domains.
  • Provides rules for domain registration, dispute resolution, and cancellation.

6. Criminal provisions

  • Criminalises unauthorised data access, forgery of electronic documents, and misuse of IT systems.
  • Sets penalties for violations, including imprisonment and fines.

7. Electronic evidence and forensics

  • Details standards for collecting, analysing, and storing IT evidence, ensuring its integrity for judicial purposes.
  • Outlines procedures for IT searches and evidence handling in criminal investigations.

8. Amendments to other laws

  • Revises the Consumer Protection Law to align with e-commerce practices.
  • Updates the Penal Code regarding electronic forgery, IT system misuse, and the exploitation of minors in digital materials.

9. Implementation and oversight

  • The Lebanese Accreditation Council (COLIBAC) oversees electronic authentication services.
  • Compliance with existing banking secrecy laws and international data standards is mandatory.