Exploring legal gaps and party protection in electronic contracts: A qualitative study from the Kurdistan region of Iraq.

Abstract

The rapid growth of digital technologies has transformed commercial transactions, positioning electronic commerce (e-commerce) as a central
component of modern trade. In the Kurdistan Region of Iraq (KRI), statutory frameworks such as the Electronic Signature and Electronic
Transactions Law 78 of 2012 and the Kurdistan Electronic Signature and Transactions Act 2022 formally recognize electronic contracts;
however, practical implementation remains fragmented and inconsistent. Literature highlights gaps in consumer protection, enforcement
mechanisms, identity verification, and judicial acceptance of electronic transactions, yet doctrinal and empirical analyses specific to the KRI
are limited. This study critically examines the legal framework, identifies structural and institutional challenges, and proposes reforms to
enhance legal certainty and trust in e-commerce. The study adopts a qualitative doctrinal approach, using both primary data, including statutory
texts and legal instruments, and secondary data such as articles, books, and reports. Thematic analysis was employed to identify and interpret
recurring legal issues, focusing on party capacity, consent, consumer rights, enforcement, and digital infrastructure. The analysis shows that
while the KRI has made formal legal progress, older civil-law statutes, fragmented consumer protection, and weak institutional enforcement
undermine the effectiveness of electronic contracts. Recommendations include harmonizing legislation into a unified e-commerce law,
strengthening digital identity and consent verification, enhancing consumer protection, and building institutional capacity. This study
contributes to the academic fields of study including law, e-commerce, information technology, and public policy, while providing practical
guidance for policymakers, legal practitioners, and businesses. It also establishes a foundation for future research on digital commerce
regulation, cross-border transactions, and technology-driven legal reforms in emerging markets.