The Legal Validity and Protection Afforded to Electronic Cheques under the Saudi Legal System

Abstract

This study aims to examine the legal validity and the prescribed legal protection of electronic cheques under the Saudi legal system by highlighting the concept of the electronic cheque and the information it contains, examining its evidentiary value under the Saudi legal system, identifying the crimes associated with electronic cheques, and explaining the civil and criminal protection afforded to them under Saudi law. The study adopts the descriptive-analytical approach to achieve its objectives by examining the concept of the electronic cheque, clarifying its legal validity, identifying the civil and criminal protection prescribed for it under the Saudi legal system, analyzing the relevant Saudi legal provisions, and assessing the extent to which these provisions apply to this type of cheque. The findings indicate that the Saudi legislator has not yet provided a specific and explicit definition of the electronic cheque. Nevertheless, it may be defined as a digital payment instrument that performs the same functions and possesses the same legal characteristics as a traditional paper cheque, enjoying the same legal effect. The study further concludes that the electronic cheque constitutes an extension and a developed form of the paper cheque, containing the same mandatory particulars, including the word "cheque," the name of the drawee, the drawer's signature, and the date of issuance. However, it differs fundamentally in its digital nature, which requires additional technical features, such as electronic authentication and secure technological mechanisms. The study also concludes that the Saudi legislator recognizes the evidentiary value of the electronic cheque as an electronic document that has the legal effect of written evidence and may therefore be relied upon before courts as admissible legal evidence, provided that it satisfies the applicable legal requirements.