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Saturday, June 12, 2010

Major pain points in the e-Transaction Law

The ESSA (Electronic Signatures and Services Authority) was established under this law with discretionary, selective, subjective and very broad and unjustified powers, beyond the objectives of the law and its functions. Its prerogatives are almost repressive for all "service providers" of electronic services and economic sectors at large

ESSA staff are given the powers of law enforcement (ضابطة العدلية), without any judicial oversight.

A number of relevant ministries such as Ministry of Economy, Telecommunications and Finance are marginalized with a clear conflict of powers with the ESSA.

ESSA is given regulatory powers, and operational powers meaning that it can regulate and operate at the same time.

There are many contradictions and ambiguities in many of the legal concepts and language

These observations and other observations in the drafting details (please see the Private Sector Comments document), are preventing this law from performing its desired function. This will result in a negative impact on the economic activity and investment panorama, due to the unjustified restrictions and unusual constraints that the law is putting on vital economic sectors in Lebanon.

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