| المستخلص: |
Given the importance of electronic transactions and encouraging the spread and confidence in their use, besides the efforts to provide a legal framework for the completion of these transactions and documentation, the various States have begun to organize these transactions and to develop their legal rules. The UAE was one of the first Arab countries which organized the electronic transactions. E-commerce law No 2 of 2002 was enacted in Dubai to regulate the terms, contracts and E- commerce transactions, and then E -government project implemented in 2002 provided a suitable environment for interaction between the public and private sectors in order to facilitate the conduct of electronic transactions and the legal validity of electronic documents. Following the afore-mentioned law, the Federal Law No. 1 of 2006 is issued to facilitate E-business transactions and support the spread and consolidation of confidence in them. The importance of the role of the provider of certification services in the certification of electronic data transactions and certificates relating to electronic signature was the reason behind the legislature. Most legislation focuses on defining the rights and duties of the certification service provider and the nature of his legal responsibility in order to establish confidence and trust in the minds of dealers in the electronic transactions. Our reading has shown a lack of rules governing the responsibility of the authentication service provider. The UAE legislature’s direction is to consider this responsibility toward the third person based on the rules of tort which are not appropriate to the importance and role of the certification service provider or with his duties. Therefore, I believe that his obligation toward both the contracting party and third person should be unified , and the service provider shall be bound to achieve a result rather than to simply take care in performance of his duty, and he should not be exempt from his responsibility except in the event of foreign cause .We have suggested the development of special rules to organize the providers responsibility toward both the contracting party and third person on the basis of presumed error, and exempt the victim to prove the causal relationship between fault and damage .
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