Oman Electronic Transactions Law 39/2025: A Summary

Oman Electronic Transactions Law 39/2025: A Summary

Oman Electronic Transactions Law 39/2025: A Summary

The Electronic Transactions Law currently in force in Oman is the law issued by Royal Decree 39/2025, which repealed the old Law 69/2008 and took effect the day after its publication in the Official Gazette on 13 April 2025. It rests on one idea: an electronic document counts as a written document, an electronic contract has the same effect as a paper contract, and an electronic signature is valid evidence, provided the conditions set by the law are met. The new law has 37 articles in 7 chapters.

This summary explains the main provisions in plain language, with an overview of each chapter and a quick comparison with the previous law, on which many study courses still rely. You can read the full text of the Electronic Transactions Law on our website (in Arabic).

Quick summary: the chapters of the new law

  1. Chapter 1, definitions and general provisions (Articles 1 to 7): definitions of electronic document, electronic transaction, types of signature and trust services; the law's scope; preserving the independence of the Central Bank of Oman; and establishing the Trust Services Management Committee at the Ministry of Transport, Communications and Information Technology.
  2. Chapter 2, electronic transactions (Articles 8 to 15): treating an electronic document as written, retention conditions, when it counts as an original, its evidential value, attribution to its originator, acknowledgement of receipt, and the time and place of dispatch and receipt.
  3. Chapter 3, electronic signatures (Articles 16 and 17): the evidential value of a simple signature, and the conditions for advanced and qualified signatures.
  4. Chapter 4, forming electronic contracts (Articles 18 to 20): electronic offer and acceptance, contracting through automated systems, and equivalence of electronic and ordinary contracts.
  5. Chapter 5, intermediary liability (Articles 21 to 23): when a hosting or network provider is not liable for third-party content.
  6. Chapter 6, trust services (Articles 24 to 30): certification, qualified signatures, electronic seals and identity verification, licensing, and the obligations of service providers and electronic service operators.
  7. Chapter 7, penalties (Articles 31 to 37): offences, penalties, confiscation and administrative sanctions.

Scope and what the law does not cover

Article 2 provides that the law applies to electronic transactions, documents and signatures and to trust services. Article 3 confirms that it does not affect the Central Bank of Oman's independence in regulating the banks and financial institutions it supervises, or the confidentiality of their data.

This is an important change from the previous law: Article 3 of Law 69/2008 expressly excluded personal status matters such as marriage, divorce, wills and gifts, court procedures, judicial notices and judgments, and documents the law requires to be notarised. The new law has no equivalent list of exclusions. Transactions for which specific laws require a particular form, such as official notarisation, remain subject to those laws, so check the specific law for each transaction before concluding it electronically.

Legal effect of electronic documents and records

Article 8 provides that an electronic document counts as a written document and has legal effect if its creation and approval meet the conditions set by the law and its regulations. An electronic document includes any contract, entry, record, message or document created, sent or stored electronically.

Conditions for retaining electronic documents

Under Article 9, electronic retention is valid if three conditions are met:

  • The document is kept in the form in which it was created, sent or received, or in encrypted form, or in any form that ensures its content is not altered.
  • It remains accessible, usable and retrievable at any time.
  • It is kept in a way that identifies the originator and addressee and the date and time of creation, dispatch or receipt.

When is an electronic document an original?

Where another law requires an original document, an electronic document counts as an original if a means is used that displays its content clearly and intelligibly and can be relied on technically to verify the integrity of its data (Article 10).

Electronic contracts: offer and acceptance

Offer and acceptance may be expressed wholly or partly by electronic means and bind the parties once signed electronically in accordance with the law and its regulations (Article 18). This requirement for an electronic signature did not appear in this form in Article 12 of the previous law.

A contract may also be concluded between pre-programmed automated systems, or between an automated system and a person who knows or should know that they are dealing with an automated system that will conclude or perform the contract (Article 19). Article 20 gives electronic contracts concluded under the law the same effect as ordinary contracts as to proof, validity and enforceability. For businesses contracting online regularly, precise drafting of contracts and terms of use remains the best protection in a dispute.

Electronic signatures and their conditions

The new law distinguishes three types of signature:

  • Simple signature: letters, numbers, symbols or marks on an electronic document; it has evidential value if it meets the criteria in Article 11, and any interested party may prove by any means that it is reliable (Article 16).
  • Advanced signature: a unique signature that identifies the signatory and distinguishes them from others.
  • Qualified signature: an advanced signature linked to an electronic certificate issued by a licensed trust service provider.

Advanced and qualified signatures have evidential value if the following conditions are met (Article 17):

  1. The signature creation device is linked to the signatory alone and under their control at the time of signing.
  2. Any change to the signature after signing can be detected.
  3. Any change to the associated data after signing can be detected, where the signature's purpose is to confirm the integrity of that data.

Trust services (formerly certification services)

"Trust services" replaces the previous law's "certification services" and, under Article 24, includes issuing electronic certificates, qualified electronic signatures, electronic seals, electronic identity verification, electronic delivery services and any other services the Ministry specifies. None may be provided without a licence from the Ministry of Transport, Communications and Information Technology (Article 25); the licence is personal and cannot be assigned, merged or discontinued without Ministry approval (Article 26).

The provider must keep information confidential (Article 27), is liable for the accuracy of the information in its services and for harm to those who rely on it (Article 28), and may not obtain a certificate applicant's personal data from others without their written consent (Article 29). Entities that rely on electronic signatures and identity, such as banks and platforms, must verify the signatory and the certificate and set an appropriate security level, and remain liable to third parties if they fail to do so (Article 30).

Electronic evidence

An electronic document may not be rejected as evidence merely because it is not in its original form if it is the best evidence that could reasonably be obtained. The court assesses its weight by considering the reliability of how it was created and processed, how the integrity of its data was preserved, its source if known, and how the originator's identity was verified (Article 11). For how Omani courts treat evidence generally, see the Law of Evidence in Civil and Commercial Transactions (in Arabic).

Data and consumer protection in electronic dealings

Chapter 7 of the previous law, on protection of private data, was repealed by Royal Decree 6/2022 issuing the Personal Data Protection Law, so personal data protection is now governed by a separate law. The new Electronic Transactions Law deals only with trust service providers' duties of confidentiality and of not using certificate applicants' data without consent. Online consumer purchases are also governed by the Consumer Protection Law (in Arabic). Online sellers should also see our article on the e-commerce licence in Oman.

Penalties under the new law

  • Article 31: imprisonment of one month to one year and a fine of OMR 100 to 1,500, or either, for holders of encryption keys or trust service providers who refuse to allow judicial officers to inspect and supervise.
  • Article 32: imprisonment of 6 months to one year and a fine of OMR 1,000 to 5,000, or either, for unlawfully disclosing decryption keys, using another person's signature or verification device, or giving false identity data to a trust service provider.
  • Article 33: imprisonment of one to 3 years and a fine of OMR 5,000 to 20,000, or either, for exploiting or disclosing a certificate applicant's data without written consent, or knowingly publishing a forged or revoked certificate.
  • Article 34: imprisonment of 3 to 5 years and a fine of OMR 20,000 to 50,000, or either, for providing trust services without a licence or giving misleading information to obtain one.
  • A legal person is fined twice the maximum fine (Article 35), devices, tools and proceeds are confiscated (Article 36), and the Ministry may impose administrative fines of up to OMR 2,000 (Article 37).

Hacking, forgery and computer fraud, formerly punished under Article 52 of the previous law, are now governed by the Cyber Crimes Law (in Arabic). If you have been defrauded online or tricked into a bank transfer, see our online fraud and fund recovery service.

Key differences between the old Law 69/2008 and the new Law 39/2025

  • The law now has 37 articles in 7 chapters, compared with 9 chapters previously.
  • The competent authority is now the Ministry of Transport, Communications and Information Technology and the Trust Services Management Committee, instead of the Information Technology Authority.
  • There are now three types of signature (simple, advanced and qualified) instead of one definition with conditions for a "protected signature".
  • New concepts were added: electronic seals, electronic identity systems, electronic delivery and electronic service operators.
  • The list of exclusions in Article 3 of the previous law was removed.
  • Penalties were increased, and corporate liability and administrative fines were added.

Frequently asked questions

Is Electronic Transactions Law 69/2008 still in force?

No. Royal Decree 39/2025 repealed it and the new law replaced it from the day after publication on 13 April 2025, although the old law may still apply to facts and transactions that occurred under it.

Are WhatsApp messages and emails evidence in court?

They can be accepted as electronic documents, and the court assesses their weight according to the reliability of their source, the integrity of their content and how the sender's identity was verified under Article 11. It helps to keep conversations in their original form with date and sender details.

Is an electronically signed contract as binding as a paper contract?

Yes, if concluded in accordance with the law: Article 20 gives it the same effect as to proof, validity and enforceability, and Article 18 makes electronic offer and acceptance binding once signed electronically.

What is the difference between a simple and a qualified electronic signature?

A simple signature is any electronic mark identifying the signatory, whose weight the court assesses; a qualified signature is linked to a certificate from a licensed trust service provider and meets technical conditions that reveal any later change, making it stronger evidence.

If you have a disputed electronic transaction or contract, or have been defrauded online, contact Dr. Abdullah Al Rashdi Office, Advocates and Legal Consultants in Al Khuwair, Muscat, on WhatsApp or call +968 92000841.

This article is a simplified general overview of the Omani Electronic Transactions Law and is not legal advice on a particular case; we recommend consulting one of our lawyers to assess your facts before taking any action.