Iran Electronic Commerce Law (2003)
Iran Electronic Commerce Law (2003)
Iran Electronic Commerce Law (2003)
Section 2 Definitions
Article 2
a) Data Message: Any representation of facts, information, and concepts generated, sent,
received, stored, or processed by use of electronic, optical or other information technology
means.
b) Originator: The original source of data message by whom, or on whose behalf, the
data message have been generated or sent but it does not include a person acting as an
intermediary with respect to that data message.
c) Addressee: The person intended by the originator to receive the data message, but it
does not include a person acting as an intermediary with respect to that data message.
d) Incorporation by Reference: refers to a source outside the data message; which in
case of its compliance with Article 18 of this Law, is deemed to be part of that data
message.
e) Integrity: The data message in its entirety and with no change. System management
such as sending, receiving, storing or displaying data doesnt affect the Integrity of a data
message.
f) Computer System: Any type of system or a set of networked hardware/software-based
systems applying auto-processing programs on data messages.
g) Information System: A system for generating (originating), sending, receiving, storing
or processing data message.
h) Secure Information System: An information system that:
1. Is reasonably protected against any misuse or penetration;
2. Possesses a reasonable level of proper accessibility and administration;
3. Is reasonably designed and organized in accordance with the significance of the task on
hand;
4. Is in compliance with secure methods.
i) Secure Method: A method to authenticate the correctness, the origin and the destination
of a data message, along with its date and to detect any error or modification, in
communication, content, or storage of a data message from a certain point. A secure
Section 3 Interpretation
Article 3 The international origin, the need to promote uniformity in its application, and the
observance of good faith should always be taken into consideration in the interpretations of this
Law.
Article 4 Upon any ambiguity of the chapter one of this Law, courts of law shall pass their
judgment in conformity with other statutes and within the framework of the parts, terms and
conditions contained in this Law.
Article 13 In general, the evidential value of a data message depends on the methods used to
guarantee its security such as selecting a security measure that corresponds to the subject and
purpose of the data message.
Article 14 All data messages which have been generated and stored via secure method are
deemed to be valid and reliable documents by judicial or legal authorities in terms of what they
contain as well as included signature therein, obligations of both parties or the party who
covenants and all persons who act legally on their behalf, and effecting the terms and conditions
contained therein.
Article 15 The validity of a secure "data message", secure electronic record and secure electronic
signature may not be questioned or denied; only a claim of forgery of a "data message" or a proof
of its invalidity on a legal basis may be considered.
Article 16 Any data message recorded and retained by a third party in accordance with the
provisions of Article 11 of this Law, is deemed valid.
Article 21 Every "data message" is deemed to be a separate and distinct "data message" unless it
turns out that the given "data message" is a duplicate of the original "data message".
b)
If the originator has more than one commercial domicile, the closest one to the
place of transaction is considered his commercial domicile; otherwise, the corporate
headquarters is considered as the commercial domicile.
c) If the originator or addressee does not have a commercial domicile, their residence is
considered to be their commercial domicile.
Article 30 The legal effects following attribution, receipt of acknowledgement, time and place of
dispatch and receipt of "data message", the subject of section 2 to section 4 of Part 4 of this Law
and also contents of "data message" are subject to general provision.
Chapter 3 Miscellaneous
Part 1 Sole Protection in Electronic Transactions
Section 1 Consumer Protection
Article 33 Sellers of goods and service providers shall, in good time and before entering into
contract and providing the consumer with information affecting his decision making for the
purpose of purchase or acceptance of the terms. The minimum required information includes the
following:
a) Technical specifications and functional characteristics of goods or services.
b) The identity of the supplier, the trade name under which he is working and his
address.
c) E-mail address, telephone number, or any method by which the customer, when
needed, can contact the seller.
d) All the expenses that will be charged to the customer for the purchase of goods
(including the price of goods or services, tax, freight cost, calling charges).
e) The period for which the offer remains valid.
f) Terms and process of contract including payment terms and arrangements, delivery or
implementation, cancellation, return, after-sales services.
Article 34 Along with approving the preliminary information, the supplier shall also separately
send the following pieces of information:
a) The business or work address of the supplier for possible complaints.
Article 42 The protections laid down herein do not apply in the following cases:
a) The financial services the list of which is determined by the regulations specified in
accordance with Article 79 of this Law.
b) Transactions relating to sale of immovable property or rights of ownership arising from
immovable property except for rental.
c) Purchase from automatic vending machines.
d) Transactions carried out through the use of public payphones.
e) Transactions carried out in auctions
Article 43 - The supplier shall not regard the silence of the consumer as contentment.
Article 44 In the case of a dispute or uncertainty, the case shall be examined by judicial
authorities.
Article 45 The execution of consumer's rights under this Law shall not be limited by other Laws
that provide less support for the consumer.
Article 46 The use of contractual conditions that are in contradiction with the regulations of this
section and also the application of unfair conditions that disadvantages consumer shall not be
effective.
Article 47 In distance transactions, that part of the transaction which is carried out through a
method other than means of distance transaction is not subject to the regulations of this Law.
Article 48 Legal and civil organizations protecting consumer's rights can file a suit as a
petitioner. Its processing is subject to regulations that will be proposed by the Ministry of
Commerce and ratified by the cabinet.
Article 49 Consumer's rights when dealing with Electronic Payment systems is subject to rules
and regulations which have been or will be ratified by the relevant judicial authorities.
Section 2: Marketing
Article 50 Suppliers, in the process of marketing their goods and services, shall not commit or
exclude an act that may mislead and deceive the addressee in terms of quantity and quality.
Article 51 Suppliers who are advertising for the sale of their goods and services shall not
endanger people's health.
Article 52 The supplier shall advertise in such a manner that would enable the consumer to
precisely, accurately, and clearly understand the description of the advertised goods and services.
Article 53 In advertising and marketing processes, the identity of the person or business who is
advertising should be clear, and evident.
Article 54 Suppliers shall not take advantage of the special features of electronic transactions to
conceal facts in relation to their identity or place of business.
Article 55 Suppliers shall provide the consumers with the required arrangements that would
enable them to choose whether to receive the advertisements at their mailing or e-mail address.
Article 56 Suppliers shall act professionally. The corresponding rules and regulations shall be in
accordance with Article 79 of this Law.
Article 57 Advertisement and marketing for children and young people under the legal age is
subject to regulations that will be stated in Article 79 of this Law.
message" such as information, software and computer programs, computerized tools and methods,
databases, and also intellectual property rights, when dealing with electronic transactions, is
subject to patent rights, author's rights, rights related to the author's right, protection of databases,
protection of Integrated Circuits & Chips, protection of trade secrets, foregoing terms of this
Article and registration of trade names and invention Law enacted on 1310/4/1 and amended
executive procedures of enforcing registration of trade marks and invention Law enacted on
1337/4/14 provided that the stated items in both of the laws comply with other ratifications of the
Islamic Consultative Assembly.
Note 1 Rights related to literary and Artistic rights, previously referred to as neighboring rights
include the rights of other elements in addition to the author such as the rights of the artists
performing the work, producers of audio and video products, and recording and distributing
organizations and institutions which are subject to the laws enacted on 1348/9/2 and 1352/9/26
contained herein.
Note 2 Integrated Circuit is an electronic component with a particular diagram and logic whose
functionality and applicability can be replaced with a large number of regular electronic
components. Subject to the Registration of Trade marks and Invention Law enacted on 1310/4/1
and amended regulations of enforcing registration of trade marks and invention Law enacted on
1337/4/14, the design and placement diagrams, and the logic of these circuits are protected.
Article 63 Temporary acts of copy, performance, and distribution of the work which is an
inevitable part of "data message" processing on networks is not subject to the foregoing regulation.
Part 2 Forgery
Article 68 - In electronic transactions, anyone forging "data messages" which are of financial and
evidential value in order to use it as a valid "data message" in judicial, financial offices, etc, by
means of penetration, removal, and termination of "data messages" and interference with
computer systems and "data message" processing, or use of applied means of encryption systems
to make a signature like private keys without signatory's permission, or by making a signature
lacking registration record in electronic registration offices, or incompliance of those means with
the name of the owner in the same list and obtaining a forged certificate and the like, is considered
a forger and sentenced for one to three years imprisonment and a cash penalty of 50,000,000 Rls.
Note The penalty of initiation of this crime is the minimum of the punishment in this Article.
Article 70 A supplier who violates Article 39, 50, 51, 52, 53, 54, and 55 of this Law will be
Note 1 A supplier who violates Article 51 of this Law will receive the maximum punishment as
contained therein.
Note 2 A supplier who violates Article 55 of this Law will receive the minimum punishment as
contained therein.
Article 72 When the offenses related to personal "data messages" are committed by Certificate
Service Providers and other responsible institutions, the offender will receive the maximum
punishment as contained in Article 71 of this Law.
Article 73 If, upon negligence or carelessness of Certificate Service Providers, offences of
personal "data messages" are committed, the offender will be sentenced to three months to one
year imprisonment and a cash penalty of 50,000,000 Rls.
Section 4 Others
Article 77 Other offences, procedural law and regulations related to judicial competence and
methods of international legal cooperation relevant to electronic transactions are subject to the Law.
Chapter 5 Compensation
Article 78 When in trough electronic transactions, damage is done to a person due to the
deficiency or fault of private or governmental institutions except for physical disconnection of
electronic connection; the involved institutions are liable for compensation unless the damage is the
result of personal act which renders these persons liable for compensation.