Electronic Certification Authorities and Procedures: A Comparative Study between Iraqi and Iranian Law

Abstract

Electronic Certification Authorities (ECAs) occupy a fundamental position in regulating electronic transactions due to their essential role in issuing digital certificates that verify the identity of electronic users, ensure the integrity and authenticity of electronic data, and prevent tampering. This contributes significantly to enhancing trust in electronic transactions and digital services. Both the Iraqi and Iranian legislators have established legal frameworks to regulate the operation of these authorities, although the level of regulation and detail differs between the two legal systems.

In Iraq, the Electronic Signature and Electronic Transactions Law No. (78) of 2012 regulates Electronic Certification Authorities by specifying the conditions for licensing, supervisory mechanisms, and the obligations imposed upon them. These obligations include verifying the identity of certificate applicants, maintaining the confidentiality of information, issuing electronic certificates in accordance with legal requirements, and assuming liability for damages resulting from any breach of their legal duties.

In Iran, the Electronic Commerce Law of 1382 SH (2003) regulates Electronic Certification Service Providers and entrusts their supervision to the competent authorities responsible for the Public Key Infrastructure (PKI). The law requires electronic certificates to satisfy specific legal and technical standards to ensure their evidentiary value, the reliability of electronic signatures, and the possibility of verifying their authenticity.

Both legal systems adopt similar procedures for issuing electronic certificates. These procedures begin with submitting an application for certification, followed by verifying the applicant's identity, generating a public and private cryptographic key pair, issuing and registering the electronic certificate, and making it available for verification. The certificate may also be suspended or revoked upon expiration or violation of the applicable legal conditions.

The comparative analysis demonstrates that Iranian legislation provides a more comprehensive technical framework for electronic certification by integrating the Public Key Infrastructure with internationally recognized standards. In contrast, Iraqi legislation establishes general legal rules governing this field but still requires further executive regulations and technical measures to keep pace with rapid technological developments. The study also emphasizes the importance of international cooperation and the mutual recognition of electronic certificates in order to strengthen confidence in electronic transactions and facilitate cross-border electronic commerce.

The study adopts the comparative method to identify the similarities and differences between Iraqi and Iranian legislation. It also employs the analytical method to examine the legal provisions governing Electronic Certification Authorities and their procedures, and to evaluate their effectiveness in ensuring legal certainty, security, and trust within the digital environment.