The Limits of Using Technological Development in Administrative Activities in Iraq: A Comparative Study

Main Article Content

Khalid Kazem Ouda

Abstract

his research aims to analyze the legal, regulatory, technical, human, and cybersecurity limitations facing public administration in Iraq when employing technological advancements in administrative work, amid the growing shift toward digital government. The study examines the Iraqi legislative framework—particularly the Electronic Signature and Electronic Transactions Law No. 78 of 2012—highlighting the legislative gaps concerning data protection, the legal validity of electronic documents, and institutional integration between government entities. It also evaluates the technical and operational infrastructure, the limitations of existing digital systems, and the weak interoperability between governmental databases, and how these issues affect service quality, transparency, and continuity. The research further addresses human resources and institutional culture, focusing on the challenges faced by public employees in acquiring digital competencies due to the absence of mandatory national training pathways. The study also explores the cybersecurity environment in Iraq, emphasizing the absence of a unified national cybersecurity law and the risks this poses to governmental data and citizen rights. Comparative analysis with leading Arab legislative experiences—such as those of the UAE, Saudi Arabia, Morocco, Egypt, and Jordan—was conducted to extract applicable best practices. The research concludes that effective digital transformation in Iraq requires comprehensive legal and institutional reform that integrates legislation, technology, human capabilities, and cybersecurity into a unified and coherent framework

Article Details

How to Cite
Kazem Ouda خ. . (2026). The Limits of Using Technological Development in Administrative Activities in Iraq: A Comparative Study. MIsan Journal of Comparative Legal Studies, 14(1-2), 153–169. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/528
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Articles

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Legal Legislation

First: Iraqi Legislation

Civil Service Law No. 24 of 1960

Ministry of Communications Law No. 8 of 2004

Ministry of Science and Technology Law No. 11 of 2009

Ministry of Higher Education and Scientific Research Law (various amendments)

Consumer Protection Law No. 1 of 2010

Access to Information Law (Draft Law – proposed since 2011, not enacted)

Electronic Signature and Electronic Transactions Law No. 78 of 2012

Cybercrimes Law (Draft Law – multiple versions: 2011, 2019, 2022)

National Digital Transformation Strategy 2022–2030 (non-binding governmental document)

Second: Legislation of the United Arab Emirates

Electronic Transactions and E-Commerce Law of 2006

Cybercrime Law of 2012

Federal Consumer Protection Law of 2019

Federal Cybersecurity Law of 2019

Data and Digital Government Law of 2021

Third: Legislation of the Kingdom of Saudi Arabia

Electronic Transactions Law of 2007

Anti-Cybercrime Law of 2007

Consumer Protection Law (various updates)

National Cybersecurity Law of 2017

Data and Digital Government Law of 2021

Fourth: Legislation of the Kingdom of Morocco

Electronic Transactions Law No. 53.05 of 2007

Consumer Protection Law No. 31.08 of 2011

Access to Information Law No. 31.13 of 2018

Administrative Procedures Simplification Law No. 55.19 of 2020

Fifth: Legislation of the Hashemite Kingdom of Jordan

Electronic Transactions Law No. 85 of 2001

Cybercrime Law (various amendments: 2010, 2015, 2023)

Personal Data Protection Law (Draft Law – multiple versions)

Access to Information Law of 2007

Amended Electronic Transactions Law No. 15 of 2015

Sixth: Egyptian Legislation

Telecommunications Regulation Law No. 10 of 2003

Consumer Protection Law No. 67 of 2006

Anti-Cybercrime Law No. 175 of 2018

Personal Data Protection Law No. 151 of 2020

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