On 1 April 2024, the Ministry of Communications and Information Technology issued decree no. 250 of 2024 (the “Decree”) to introduce a new Chapter Nine titled “Registered Email Service” under the executive regulations (the “Postal Law ER”) of the postal system law no. 16 of 1970 (the “Postal Law”). 

This Decree marks a significant milestone in aligning legislation with technological advancements, particularly concerning the exchange of documents, notifications, warnings, and the legal recognition of email in civil and commercial evidence.

The Decree was published in the Official Gazette on 4 June 2024 and came into effect on 5 June 2024.

Key Definitions

The Decree introduces several key definitions as follows:

1. Email means an exchange of  electronic messages to a specific address between multiple natural or legal persons via an information network or other electronic connection means using computers or similar devices, and whether or not the Email includes attached documents or files”.

2. The Registered Email Service (the “Service”) means the electronic service established and registered through the National Postal Authority (the “Post Authority”), which is solely responsible for providing the Service to facilitate the secure and reliable exchange of electronic messages.

3. The Electronic Postal Seal (the “Certificate”) means  a series of evidence stored by the Post Authority to support the occurrence of an electronic event involving specific content at a defined date and time between specified parties. 

This Certificate enables the legal recognition of electronic exchanges via a public entity, enhancing their credibility and evidentiary strength in civil proceedings.

4. User and Subscriber. The Decree defined both terms, and they each refer to any natural or legal person with full legal capacity who registers for the Service and owns a registered Email account. However, a user can only receive ordinary, registered, and registered acknowledgement of receipt Emails (“User”). At the same time, a subscriber can also send messages to all registered Email Users and use the Digital Vault Service (“Subscriber”).

5. Digital Vault means  a real-time service for the Subscriber to collect digital documents from governmental and non-governmental entities. It electronically seals these documents to ensure their integrity and validity before sending them to any other entity that requires them to complete any legal, commercial, or service transactions.

Key Provisions

The Postal Law ER include important provisions such as:

1. The Post Authority’s Exclusive Competency and Service Components: 

The Postal Law ER stipulates that the Post Authority exclusively provides, develops, operates, and manages the Service in Egypt according to technical standards ensuring electronic trust. The Service includes:

• electronic signatures (“E-signatures”);
• electronic authentication postal seals;
• electronic time stamps;
• data transfer services between beneficiaries with sent data processing evidence;
• Digital Vault services; and
• protection of sent data.

2. Validity of the Service: 

The Postal Law ER explicitly states that the Service has the same legal effects, validity, and acceptance in legal procedures as evidence given to both the registered mail and registered mail with acknowledgement of receipt, taking into consideration the special nature of the Email messages, for the Post Authority to ensure the following steps:

• data integrity;
• source verification;
• authentication of both the identified sender and recipient; and
• accurate time stamping of sending and receiving through specific notifications.

3. The List of Notifications Included within the Service for Authentication Purposes: 

The Postal Law ER enlists notifications and guarantees for authenticating the time and date of sending and receiving data as follows:

• electronic sent/received notifications besides failure to receive notifications;
• identification and authentication of both the sender and recipient;
• time and date stamping of data exchange and any occurred changes by using the electronic time stamping and authenticating for the time of sending and receiving;
• securing data transfer via E-signatures or seals, which ensure its integrity;
• ensuring the reliability and authenticity of exchanged electronic messages via the newly introduced Service; and
• electronic sealing of messages.

The Service’s Legal Effect and Operational Standards

Regarding the Validity of the Service under section 2, the Service can be used when the law requires actions or correspondence via registered mail with acknowledgement of receipt, achieving the same legal effect in civil and commercial evidence.

Finally, the Postal Law ER provides that the Post Authority shall undertake the following:

1. issuing technical and operational standards, including retention periods necessary for providing the Service, following international standards and the International Postal Union Convention, and applicable laws and regulations in Egypt; and
2. the Post Authority must also adhere to the technical requirements and special standards listed under the E-signature law no. 15 of 2004 (the “E-Signature Law”) and its executive regulations.

ADSERO Notes

This Decree represents a significant leap in evidence law in civil and commercial matters, facilitating transactions and preventing evasion by proving receipt and knowledge. It revives the provisions of the E-Signature Law, ensuring the legal validity of electronic writing and documents if technical and legal standards are met, particularly in determining the time and date of creation.

The Post Authority is awaiting the issuance of technical and operational standards, as well as subscription and registration rules, to implement the Decree fully.

Future Considerations

These new regulations pose several questions, and the regulators’ practice and interpretation of the new regulations are needed to identify their impact. The reference to E-signature among the Post Authority’s exclusive competence relating to registered Email services is not clear on the authority to issue or authorise the use of E-signature in this context versus E-signatures regulated under the E-Signature Law that falls within the Information Technology Industry Development Agency’s (ITIDA) competence. 

The implications of these regulations on existing Email services with different features that are already operating in the market are unclear. The regulations do not address a mechanism for licensing third-party service providers. The actual value of these regulations awaits testing before Egyptian courts. 

We have to observe the court’s reception of these regulations and its practice of accepting Emails in evidence.