الاسترجاع الآمن للمستندات الإلكترونية في التعاملات التجارية ( دراســة مــقــارنــة )

RP-Safe Retrieval of Electronic Documents in Commercial Transactions ( A Comparative Study( .pdf

Abstract
The safe retrieval process of electronic documents in commercial transactions is one of the most important legal guarantees for the parties to electronic commercial transactions, especially the protection it provides to the consumer, since the consumer is the least experienced party in electronic commercial transactions, in which the supplier or professional often has high experience and knowledge of these electronic commerce businesses. Trade that is available across the vast space, and which is not bounded by geographical or political borders, electronic transactions are carried out in complete absence between the parties, which makes the consumer and the supplier vulnerable to theft, piracy and electronic intrusion, which prompted researchers and legislators to strive to establish rules and legal texts that contribute to preserving these transactions And providing legal protection for electronic transactions, as electronic transactions, in order to fulfill the desired purpose and preserve the rights of their dealers, need a technical aspect that is parallel in importance to the legal aspect, and this is evident through what international laws refer to, including the UNCITRAL Model Laws, Which included the use of high-tech equipment at the technical and human levels, as well as strengthening the legal force of electronic documents and enhancing their protection, as they represent the language of communication and an alternative to paper transactions that were abandoned in front of electronic documents, and all this was done through (the principle of functional peer approach or functional equality) in front of The position of the Iraqi legislator between electronic transactions. This came through the Electronic Signature Law No. (78) for the year (2012), which came in line with the accelerated commercial transformation towards electronic transactions.
The process of secure retrieval of electronic documents needs infrastructure based on a discreet technical aspect of advanced electronic equipment to ensure the process of storing and retrieval of all electronic transactions and documents, and that the retrieval process can be done through the electronic notary public as it is an official legal entity authorized to preserve and certify the electronic signature between The two parties can also process the retrieval through other government agencies or through a third party authorized by official authorities, or to be part or party to electronic transactions such as government banks, especially with regard to electronic transfers of funds and electronic cards, which are quickly taking the place of money. Paper because of its advantages.
The process of safe retrieval of electronic documents is a process that cannot be limited to a specific stage of the commercial contracting stages, but rather be comprehensive to all stages that commercial transactions go through, whether prior to a contract or during the contracting process or after the completion of those transactions. This process is based mainly on advanced electronic programs and equipment. And updated, which requires the availability of the legal and technical element for its continuity.