Protecting Electronic Signatures from Cyber Threats in Electronic Contracts

Abstract

The rapid development of digital technologies has transformed traditional contracting practices and increased the use of electronic documents and electronic signatures. Electronic signatures now perform the legal function of identifying the signer, confirming consent, ensuring the integrity of electronic documents and supporting the evidentiary value of electronic contracts. However, because electronic signatures are created, transmitted and verified through digital systems, they remain exposed to cyber threats, including identity theft, unauthorised access, data alteration, misuse of private keys and attacks on certification infrastructure. The objective of this article is to analyse the legal and technical mechanisms used to protect electronic signatures from cyber threats in electronic contracts and to determine how such mechanisms support trust, identity verification and evidentiary reliability. The study applies qualitative legal analysis and comparative legal analysis. It examines international model laws, regional regulations, national legislation and legal doctrine related to electronic signatures, electronic certification and electronic contracts. The analysed sources include the UNCITRAL Model Laws, European Directive 1999/93/EC, Regulation (EU) No. 910/2014, French legislation, Egyptian Law No. 15 of 2004, Iraqi Law No. 78 of 2012 and Algerian Law No. 15-04 of 2015. The article identifies three main groups of protection mechanisms: electronic certification certificates, encryption mechanisms and evidentiary mechanisms. Certification certificates confirm the link between the signer and signature creation data. Encryption protects confidentiality, integrity and secure verification through private and public keys. Evidentiary mechanisms require signer identification, exclusive control over the signature tool, connection between the signature and the signed document, detection of later modifications and long-term preservation. Effective protection of electronic signatures requires an integrated combination of legal regulation, licensed certification authorities, cryptographic tools, identity verification and preservation procedures. Further research should focus on cross-border recognition of electronic signatures, cybersecurity standards for certification authorities, electronic signatures in public procurement, judicial assessment of electronic evidence and the impact of emerging technologies on digital trust services.