eSignature Legality Guide

eSignature Legality in Iraq

Electronic signatures are legally recognized in Iraq under the Electronic Signature and Electronic Transactions Law No. 78 of 2012, with the Ministry of Communications and the national public-key infrastructure overseeing certification (with implementation expanding from 2025).

New to the topic? Read ESIGN, UETA and eIDAS explained.

eSignature legality summary

The Law gives electronic records and signatures legal effect across civil, commercial, and administrative transactions, and a transaction is not denied validity merely because it is electronic. It distinguishes an ordinary electronic signature from a certified (authenticated) signature approved by a certification authority; a certified signature meeting the statutory conditions has the same effect as a handwritten signature, while an ordinary signature may need to be proven if challenged.

Types of permitted electronic signature

A certified electronic signature must be uniquely linked to and under the sole control of the signatory, created using means under their control, tamper-evident, and created within the validity period of a certification authority’s certificate — carrying the strongest evidentiary weight.

Documents that may be signed electronically

Commonly signed electronically: commercial and civil agreements, administrative transactions, and (with the 2025 rollout) a growing range of government transactions; lease agreements fall outside the immovable-property exclusion.

Use with caution / not typically appropriate

Use a certified signature from a licensed authority for high-value matters. Where a law requires witnesses, an official deed, notarization, or a particular form, follow that method.

  • Personal-status and family-law matters (marriage, divorce)
  • Wills and endowments (Waqf)
  • Transactions involving immovable property (sale, gift, related powers of attorney) — except lease agreements
  • Documents that law requires to follow a specific form (for example witnesses or an official deed)
  • Court procedures and judicial notifications, and documents requiring notarization by a public notary

Seminal court cases

None reported.

Primary sources

Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.

Last reviewed: June 15, 2026

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