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Kuwait Enacts Decree-Law No. 148 of 2025 Amending the Electronic Transactions Law

The State of Kuwait has enacted Decree-Law No. 148 of 2025, introducing substantial amendments to Law No. 20 of 2014 on Electronic Transactions (the Electronic Transactions Law).

The reform broadens the Law’s scope and reinforces the legal recognition of electronic records, documents, signatures, and transactions across civil, commercial, administrative, and personal-status matters. It forms part of Kuwait’s wider digital-governance initiative aimed at enhancing service efficiency and reducing reliance on paper-based procedures. Under the amended framework, electronic instruments now have the same legal and evidentiary effect as their paper equivalents, provided they meet the procedural and technical requirements prescribed by law. The amendment further confirms that electronic contracts, communications, and registers are legally valid and enforceable, removing uncertainty regarding the reliability of digital documentation before courts and administrative bodies.

Procedural and Technical Requirements

Pursuant to Article (9) of the amended Law, an electronic document or record shall have legal effect if all of the following conditions are satisfied:

  • It is preserved in the form in which it was created, sent, or received, or in a manner that reliably proves the accuracy of its data at the time of creation, sending, or receipt;

  • Its contents are capable of being stored and retrieved at any time;

  • It identifies the creator or sender and specifies the date and time of creation, sending, or receipt; and

  • It is saved in an electronic format pursuant to the conditions and rules established by the competent supervisory authority.

    • Similarly, Article (19) provides that an electronic signature shall be deemed a protected electronic signature if it fulfills the following requirements:

  • The signatory can be clearly identified;

  • The signature is uniquely linked to the signatory;

  • The signature is created using a secure signature tool under the exclusive control of the signatory at the time of signing; and

  • Any alteration to the data associated with the signature or its link to the signatory can be detected.

    • The Executive regulations will further specify the detailed technical controls and standards governing these conditions.

    Practical Implications

    In practice, these reforms enable public authorities, financial institutions, and private entities to:

  • Execute and store contracts, notices, and records entirely through electronic means;

  • Transition toward fully digital filing and registration systems;

  • Shorten processing timelines and reduce administrative costs; and

  • Rely on electronic registers established by competent authorities as valid proof of rights and obligations.

    • Compliance Considerations

    In light of Decree-Law No. 148 of 2025, companies should promptly align their internal practices with the new amendments.

    Key preparatory steps include:

    1. Adopt Secure and Verifiable E-Signature Tools

    Ensure all e-signature systems satisfy the criteria under Article (19), including signatory identification, exclusive linkage to the signer, control at the time of signing, and tamper-detection capabilities.

    2.Implement Reliable Electronic Archiving Systems

    Establish compliant electronic record-keeping aligned with Article (9), ensuring data accuracy, retrievability, and traceability through standardized metadata, timestamps, and system logs.

    3.Update Internal Policies and Templates

    Revise corporate policies, document templates, and approval workflows to formally recognize the legal validity of electronic records and signatures.

    Decree-Law No. 148 of 2025 was published in the Official Gazette on 23 October 2025 and entered into force on the date of publication. This measure represents a significant milestone in Kuwait’s legal modernization and its continued shift toward a comprehensive digital transformation of public and private sector processes.

    Authors: Asad Ahmad, Legal Director and Fahad Al Zouman, Trainee Lawyer

    Content supplied by GLA & Company