On February 10, 2024, the Lebanese Council of Ministers approved the Decree on Electronic Official Documents and Electronic Signatures, a significant milestone in Lebanon’s shift towards digital transformation. It is one of the first legal texts on the matter, according to the government’s 2022 strategy. Nonetheless, this push for adopting e-signatures raises concerns about the security, relevance, and process of implementing this practice.
Signing official documents and transactions digitally has become more widely practiced globally, replacing manual signatures in many countries. This system, called remote transactions, lets participants sign and respond to transactions online. It is already in place in several countries in the region, including the United Arab Emirates.
Official e-signatures are becoming more popular for issuing personal records such as family documents and criminal records. Besides being quick and cheap, experts believe e-signatures can reduce bureaucratic processes and reduce bribery.
Implementing e-signatures in Lebanon
For MP Elias Hankash, the rapporteur of the Information Technology Committee, using this technology would “free the administration [of the public sector] from bureaucracy,” citing it as one of the main reasons for unproductivity.
“We must take a step in the right direction and focus all our attention on putting it into practice as soon as possible,” says MP Hankash.
In an interview with SMEX, Hankash expressed his hope that electronic signatures would help eliminate bribery and corruption within public administrations. But what are the challenges of implementing and applying the e-signature technology?
According to MP Razi El-Hage, member of the Information Technology Committee (ITC), choosing an independent director for the digital transformation process is one of the primary challenges, as the latter might change with subsequent governments.
“Without an independent entity managing this task, we will continue to face power imbalances and political problems within a technical framework.”
Another main challenge to state digitization efforts has been the “fierce resistance to reform measures that would reduce illegal income for many public sector employees.” El-Hage emphasized that it is “not just an issue of electronic official documents and electronic signatures.”
The MP had submitted a draft law to establish the “National Agency for Digital Transformation,” which would be tasked with implementing the state’s digital transformation strategy.
According to El-Hage, the proposed agency is expected to have the authority, expertise, and competence to set the highest standards for the sector’s transformation, ensuring effective implementation and application, as well as protecting personal data.
How will the state securely store e-signatures?
MP Hankash told SMEX that “protecting personal data is very important” and that a data center should be established to store signatures securely.
“Those involved have been engaging in discussions and debates about this issue,” noting that Lebanon has recently recorded several cases of personal data leaks. Nonetheless, the government is yet to implement the approved cybersecurity strategy, and it still needs to address data protection concerns.
Until now, there are no concrete steps to ensure the security of electronic signatures in terms of information confidentiality and data integrity.
Hankash raised questions about the data hosting entity, citing that Ogero, the fixed and only infrastructure operator in Lebanon, can handle this task.
In contrast, El-Hage argues that without the proposed National Agency for Digital Transformation or another independent entity, the discussions will lead to no concrete outcome.
“What is happening today does not prioritize the issue of signatures, as Lebanon is witnessing a war and an economic crisis, with necessary reforms stalled, and constitutional, democratic, and legal processes at a standstill, along with a largely paralyzed judiciary,” said Hankash, who does not believe electronic signatures will be implemented anytime soon.
“As the Information Technology Committee, we have a responsibility to push for the implementation of the e-signature and synchronize it with a series of reforms.”
Is the public sector ready for the shift?
Although some legal experts consider e-signatures a positive step towards technological development, they remain skeptical about the official administrations’ readiness for this transformation.
Lawyer Ali Abbas acknowledged the importance of e-signatures, but like digital transformation in general, he believes its implementation in Lebanon still has a long way to go.
He told SMEX that it requires coordinated efforts from multiple parties.
Considering the state’s outdated electronic systems, Abbas stressed that “implementation will face many difficulties…with hacking and tampering attempts very likely.”
“We need to establish a legal framework and set up the necessary digital infrastructure before implementing electronic signatures in official transactions.”
“This requires organizing intensive legal workshops, not merely issuing an implementing decree while the data in official departments remains largely on paper.”
Implementing electronic signatures in Lebanon will require more time and significant effort, particularly in establishing the necessary political and technical groundwork.
The current digital infrastructure does not support digitization efforts, especially amidst an underdeveloped data protection law that cannot robustly safeguard people’s data. Bribery, facilitated by bureaucracy, complicates the shift towards digitization as public sector employees fear losing their benefits.
Photo Credit: AFP
