The Importance of the activation of the law of Electronic signature in the era of pandemics. COVID-19 as a paradigm

The Electronic signature began playing a considerable role in the field of both the civil and commercial transactions, mainly during the era of globalization, and the widespread of electronic devices of communication, making the world a "small village". The most important characteristic feature of the so-called system of globalization. It is worth bearing in mind that although the origination and the development of the electronic devices of communication of information, and their improvement took place long ago. But their ever-increasing applications and execution became an indispensable need during the era of significant health crises, especially the dissemination of epidemics. And should take the priority during the dissemination of widespread pandemics, like the proliferation of the coronavirus (COVID-19) nowadays. This phenomenon, that is to say, the development of the electronic devices of communication, has gone in line with a parallel enactment and entry into force of laws of Electronic signature and electronic transactions. And in conformity with this world-wide development and evolution of these devices and means, and in the light of the urgent need to enact new laws, Iraq passed the law of electronic signature and electronic transactions. No. 78 of 2012, which is also applied in Kurdistan region. It is worth mentioning that the activation of this law is significant nowadays, for the continuity and persistence of both the civil and commercial transactions, whether they are concluded inside Iraq and Kurdistan Region, or between them and the rest of the world. To guarantee the safest and healthiest bargains, and to ensure the least and lowest degree of manual touching, and the use of unsafe paper documents, which may be unhealthy from one hand, and from a hygienic point of view, or may also be insecure, and trying to store bulky volumes of paper documents, from both the security and bureaucratic points of view. It is worth pointing out in the light of all the previous text that we should refer to some relevant articles of this law, which are very suitable with the circumstances, featured by the dissemination of this dangerous pandemic, and made it very difficult, if not impossible to conclude civil and commercial deals and transactions via paper documents, to sign and deliver them as usual. The second article announced the aims of this law by providing in the first section of it the legal framework for the use of electronic means to conduct electronic transactions, whereas granting in the second section the proper authentication to electronic transactions and electronic signature, promoting in the third section the confidence in the health and safety of electronic transactions. And the third article of this law determined the extent of application of this law to encompass a wide range of transactions concluded by persons, whether they be natural or legal (moral), and many other types of transactions, particularly those concerning Securities and electronic business.