The Civil Liability of the Authentication Authority in Accordance with the Emirate Electronic Transactions & Commerce Law
Dr. Yousef Ahmad Nawafleh

Abstract
After presenting the introduction and the problem, this study examined the civil liability of the electronic authentication provider in accordance with the UAE Electronic Transactions & Commerce Law No. (1/2006). In the first chapter, the study spotlighted the definition of the electronic authentication as well as the authentication authority which is authorized to issue the relevant licenses for the provider. It also demonstrated the procedure of obtaining licenses by the electronic authentication provider. Moreover, the study discussed the definition of electronic authentication certificate, the conditions that should be met by the provider and its obligations in accordance with the UAE Electronic Transactions & Commerce Law No. (1/2006) and the UAE Resolution No. (1/2008). In the second chapter, the study examined the civil liability of the electronic authentication provider in accordance with Article No. 21/4 thereof and The Civil Transactions Law too. The researcher differentiated between the two types of the civil liability, namely; the contractual liability and tort liability which obliged the electronic authentication provider to compensate as a result of its default and failure to commit with its obligations and liabilities either contractual or tort. Additionally, the study discussed the cases when the provider is not responsible for compensation for damages as a result of its failure and default in fulfilling its obligations or liabilities per sue the law or contract either contractual or tort in accordance with Article No. 21/5 thereof and Article No 282 of the UAE Civil Transactions Law. The study also demonstrated the case through with the provider can exempt itself from offering any compensation for its contractual liability and tort liability such as providing evidence of a foreign reason or force majeure or the act of the prejudiced itself. Finally, the study concluded that the electronic authentication services provider should shoulder the civil liability either contractual or tort along with taking into account the recommendations of the study represented in the importance of paying attention to the conditions as well as to consider that the contractor or uninjured party might not have complete knowledge of the terms and conditions of the contract since the provider had the experience in this domain and in order to protect the contractor or others from being cheated or manipulated by the provider specially if the provider is a foreigner in order to take into account the customer's rights and interests and ways of protecting it from any conditions in the contract which discharges the provider from its liability.

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