Bahrain: Bahrain Economic Development Board (Bahrain EDB) Senior Legal Adviser Dr. Jameel Al Alawi spoke at the third webinar on Digital Economy Laws, organized by the National Competitiveness Centre in Saudi Arabia, in cooperation with the United Nations (UN) Commission on International Trade Law (UNCITRAL).
Dr. Al Alawi spoke on some the legislative measures pursued by the Kingdom to facilitate the implementation of its digital trade agenda.
Dr. Al Alawi highlighted Bahrain’s accession to the UN Convention on the Use of Electronic Communications in International Contracts.
Al Alawi explained some of the main reasons behind the accession to the convention were to be part of the international effort to harmonize rules on electronic commerce and to facilitate the implementation of other existing commerce related conventions and treaties by removing possible legal obstacles in implementing these conventions and treaties to operate effectively in an electronic environment.
Examples of such treaties and conventions are UN’s Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the United Nations Convention on the International Sale of Goods.
A further legislative measure highlighted by Dr. Al Alawi was the Kingdom’s enactment of a thoroughly revamped Electronic Communications and Transactions Law to replace the old Electronic Transactions Law.
Dr. Al Alawi noted the revamped law introduced the concept of trust services such as electronic signature, electronic seal, electronic time stamp, electronic website authentication and electronic registered delivery service.
The revamped law also removed many of the exclusions that existed under the old law making it possible for notarization to be done electronically and enabling commercial documents and instruments to be made in electronic form.
Dr. Al Alawi also spoke on the Protection of Personal Data Law whereby Bahrain was the first GCC mainland jurisdiction to introduce a modern and comprehensive law to protect personal data.
He stressed the Kingdom’s approach in developing its legislation in a manner consistent with best international practice and in line with international harmonization initiatives wherever feasible.
Examples highlighted in this respect were aligning the new electronic communications and transactions law with the United Nations Convention on the Use of Electronic Communications and drawing up the Information Technology Crimes Law to be largely in line with the Council of Europe’s Convention on Cybercrimes.
Dr. Al Alawi also highlighted pioneering provisions and laws enacted by the Kingdom that include the Sovereignty Over Data in Cloud Computing Data Centers to encourage the use of cloud computing centers located in the Kingdom by foreign parties and the Electronic Transferable Records Law to enable the use of electronic documents and instruments such as electronic cheques and electronic bills of lading.
Another pioneering initiative introduced by the Kingdom within the Personal Data Protection Law was the concept of an independent data protection guardian to ensure compliance with the provisions of the law especially in sectors that maintain sensitive personal data of citizens.
Al Alawi stressed Bahrain’s endeavor to continue developing its regulatory frameworks to enhance the Kingdom’s competitiveness to be an attractive destination for investment thus contributing to more job creation in the Kingdom and prosperity to the national economy.
