EGYPT Law and Practice Contributed by: Ibrahim Shehata, Hesham Kamel, Hana ElBarbary and Dima Mazen, Shehata & Partners
• linked to the signatory only; • controlled by the signatory; and • modifications or replacements in the data must be detectable. Verification and issuance Service providers, licensed by ITIDA, handle the verification and issuance of e-signature certifi - cates. These providers must comply with: • data security systems; • PKI management and security; • secure custody systems for e-signature crea - tion data and e-certificates; and • ITIDA-approved contract service templates. Data Protection Law Egypt issued Data Protection Law No 151 of 2020 to align with international standards for online services and digital market transforma - tion. The law upholds the data protection rights of individuals whose data is processed digitally. Key definitions • Personal data: any data identifying a person directly or indirectly, including name, voice, picture, ID number, online identifier, or any data determining a person’s identity. • Processing: any electronic operation involv - ing personal data, such as collection, storage, display, transmission and analysis. • Data subject: any individual whose personal data is processed electronically, enabling their identification. • Electronic marketing: any technological means used to promote goods, services, or petitions addressed to specific persons. Requirements for data use and processing: • setting out the rights of data subjects and lawful data processing cases;
• specifying the obligations of data processors, controllers and receivers; • requiring express consent from data owners for data collection and processing; • informing data owners of the purpose of data processing; • implementing measures to secure and protect personal data; and • imposing restrictions on direct electronic mar - keting communications. Prohibitions and permissions • Direct digital marketing requires the data sub - ject’s prior consent. • Marketing communication must include the sender’s name, location and purpose, allow - ing the data subject to approve or reject it. Personal data protection centre (PDPC) The PDPC will be established under law to license and regulate data processing in Egypt, once the executive regulations become avail - able. Protection of sensitive information The law provides additional protection for sensi - tive information, such as health, biometric and financial data, and criminal records. The collect - ing and processing of sensitive data require prior permission from the PDPC. Information relating to children is considered sensitive by default. Cybercrimes Law The Cybercrimes Law came into force on 15 August 2018, with executive regulations No 1699 of 2020. It regulates online activities and penalises unlicensed online activity and content violations, such as unauthorised access to sites or private accounts, and exceeding authorised access limits.
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