Decree-Law No. 10 of 2026 on Regulating Business in the Digital Commerce Sector

Decree-Law No. 10 of 2026
on Regulating Business in the Digital Commerce Sector

Chapter One: General Provisions

Article 1

In applying the provisions of this Law, the following words and expressions shall have the meanings assigned to each of them:
Ministry: the Ministry of Commerce and Industry.
Minister: the Minister of Commerce and Industry.
Law: this Decree-Law.
Executive Regulations: the Executive Regulations of this Law.
Data: data of an electronic nature, whether in the form of texts, symbols, sounds, graphics, images, computer programs, or databases, whatever the method of their loading and processing, that are used when dealing in Digital Commerce.
Digital Commerce: an activity carried out by the Product or Service Provider, whether wholly or partly, by any of the Technical Means, for the purpose of dealing in goods, providing services, advertising them, or exchanging the data relating to them.
Personal Data: refers to the information relating to a specific person, such as the name, address, contact details, and any other data that contribute to identifying the person.
Store: a website, platform, or digital or electronic application that enables the Product or Service Provider to display or sell its product, or to provide digital (intangible) services such as software, applications, e-books, music, videos and streaming services, or to advertise them or exchange the data relating to them, or to carry out any other activity falling within the concept of electronic commerce.
Consumer: any natural or juristic person who purchases a good or service for consideration, or benefits from either of them, through the Technical Means.
Trader: any person who engages in commerce by means of the Technical Means, has the requisite legal capacity and has taken such commerce as his profession; every company shall also be deemed a Trader, even if it carries on non-commercial business.
Professional: any person who, by means of the Technical Means, carries on work whose performance requires special skill or expertise.
Product or Service Provider: the Trader or Professional who works in the Digital Commerce sector.
Technical Means: communications and information technologies, whether electrical, electromagnetic, optical, photonic, digital, or any similar form of technical means.
Electronic Signature: data that take the form of letters, numbers, symbols, signals or otherwise, and that are entered electronically, digitally, optically, or by any other similar means in an electronic document or record, or are added to or necessarily linked to it, and that have a character allowing the identification of the person who signed it and distinguishing him from others.
Electronic Document: information or data that are created, stored, exchanged, or processed using electronic or digital means, such that they are retrievable and accessible when needed. Electronic documents include contracts, invoices, receipts, and digital correspondence, provided that they are kept in a manner that ensures their integrity, credibility and the possibility of verifying their source.
Electronic Record: a database or electronic system in which a set of electronic documents or related data is kept in an organised manner that enables their retrieval, access and management when needed, provided that they are kept in a manner that ensures their integrity, credibility, continued accessibility and the verification of their source.
Influencers: persons who appear on social media and influence Consumers’ decisions through the content they present or their promotion of products and services.
Cybersecurity: the procedures and measures aimed at protecting digital systems and information from electronic attacks and ensuring the confidentiality and integrity of data during their receipt, storage, processing and exchange.
Electronic Payment: the process of transferring and paying money by means of the Technical Means.
Electronic Advertisement: any publicity or offer made by any of the Technical Means by the Product or Service Provider for the purpose of promoting or encouraging the sale of a product or the provision of a service, by any method.

Article 2

This Law aims to regulate business in the Digital Commerce sector within the State of Kuwait.

Article 3

No person may work in the Digital Commerce sector before being registered in the registers designated for that purpose at the Ministry in accordance with the provisions of this Law and its Executive Regulations.

Article 4

Digital Commerce transactions shall be governed by the provisions of the legislation in force within the State of Kuwait in respect of matters for which no provision is made in this Law, insofar as they do not conflict with the nature of such transactions.

Article 5

All marks and materials used in offering or marketing products or services, such as images, videos, texts, logos and software, shall be subject to the aforementioned Copyright and Related Rights Law.
The Executive Regulations shall specify the procedures to be taken by the Ministry, in coordination with the relevant authorities, where complaints are filed concerning infringements of copyright and related rights in the Digital Commerce sector.

Chapter Two: The Ministry

Article 6

The Ministry shall be competent to regulate business in the Digital Commerce sector.

Article 7

In order to discharge its competence, the Ministry shall undertake all acts and works necessary therefor, and shall in particular have the following powers:
1. Proposing and preparing a general policy on Digital Commerce, in coordination with the competent authorities, and supervising its implementation.
2. Issuing the resolutions and regulations necessary to regulate the Digital Commerce sector, including:
a- The regulations relating to electronic auctions and to platforms acting as intermediaries between Product or Service Providers and Consumers.
b- The Financial Penalties Regulation for Product and Service Providers.
3. Supervising the implementation of this Law and of the regulations and resolutions implementing it.
4. Requesting Product or Service Providers to submit the data, information or documents it deems necessary for the exercise of its competence, in the form, manner and time it specifies.
The Minister shall issue the regulations and resolutions necessary to implement this Article.

Article 8

Electronic registers shall be established at the Ministry in which Product and Service Providers working in the Digital Commerce sector shall be registered, together with such other registers as the Ministry deems necessary to regulate this sector.
The Minister shall issue a resolution setting out the forms of the registers and the conditions, fees and system of registration therein.

Chapter Three: The Product or Service Provider

Article 9

For the purposes of applying this Law, the place of business of the Product or Service Provider shall be the place specified by the Trader in his commercial register and the place specified by the Professional in the register of professionals.

Article 10

The Product or Service Provider shall disclose the following information in its Store:
1. Its name or trade name.
2. A statement of the register in which it is registered and its number.
3. The available means of contact, including e-mail, telephone numbers and electronic communication links.
4. Any other data provided for in the Executive Regulations.

Article 11

The Product or Service Provider shall clarify the terms and conditions of contracting, including in particular:
1. Presenting clear information on the technical steps to be followed to conclude the electronic contract.
2. Providing clear data on the identity of the Product or Service Provider.
3. An accurate description of the essential characteristics of the products or services offered.
4. Displaying the final price of the products or services, inclusive of any additional fees such as delivery fees.
5. Providing information on the approved means of payment, the delivery arrangements and the performance dates.
6. Stating the period of validity of the offers made or of the discounted prices.
7. Providing clear data on the return and exchange policy.
8. Any other data provided for in the Executive Regulations.

Article 12

The Product or Service Provider shall, immediately upon the conclusion of the contract, send an electronic invoice to the Consumer in the Arabic language by any electronic means consistent with the rules laid down in the Executive Regulations; any other language may be used alongside the Arabic language. The invoice shall state the following:
• The price of the product or service.
• The total price, inclusive of all fees and other amounts.
• The date and place of delivery.
• The method of payment used.
• Any other data provided for in the Executive Regulations.

Article 13

The Product or Service Provider shall provide a transparent and effective mechanism for handling Consumers’ complaints in accordance with the rules set out in the Executive Regulations, provided that the data relating to such complaints are retained for a period of not less than six months.

Article 14

The Product or Service Provider shall notify the Consumer within a reasonable time of any delay or difficulties it encounters that have a material effect on the performance of the contract.
The Consumer may rescind the contract if a delay occurs in delivery, or in the performance of the contract, that makes it impossible to use the product or service for the purpose for which the contract was concluded, or upon the lapse of a period exceeding (14) days from the agreed delivery date; in such case the Consumer shall be entitled to recover any amounts paid under the contract in consideration of the products, goods, services, or other contractual obligations affected by such delay, unless the Product or Service Provider and the Consumer agree on another period for delivery or for the performance of the contract.

Article 15

The Product or Service Provider shall implement all measures and decisions issued by the National Cyber Security Center concerning the security and protection of data, in accordance with the rules set out in the Executive Regulations.

Chapter Four: The Consumer

Article 16

If the Consumer makes an error when dealing with the electronic contracting system of the Product or Service Provider, and such system does not provide a means of correcting errors, the Consumer shall have the right to cancel or amend the part in which the error occurred, in accordance with the rules set out in the Executive Regulations, provided that:
1. The Product or Service Provider is notified of the error immediately upon its discovery.
2. The Consumer has not benefited from the product or service, nor used any advantages he may have obtained.

Article 17

Without prejudice to the statutory and contractual warranty provisions, the Consumer may withdraw from a contract concluded electronically within (14) days of receiving any product, or may exercise the right to exchange or return it and recover its value by the same method of payment or by another method to be agreed upon, without any additional cost, provided that the product is in the same condition as at the time of purchase.
As an exception to the provisions of the preceding paragraph, no withdrawal may be made from a contract concluded electronically in respect of metals and precious goods and products specified by a resolution of the Minister except within (24) hours of their receipt.
The Consumer shall not be entitled to return the product in the following cases:
1. If the Consumer has used or benefited from the product or service.
2. If the product was manufactured at the Consumer’s request or in accordance with his own specifications.
3. If the product is perishable, expires within a short period, or is of a nature that so requires.
4. If the service relates to accommodation, transport, food or entertainment provided on a specific date or during a specific period.
5. If the contract includes services for downloading software over the internet and the download has been completed successfully.
6. If the contract relates to digital or electronic cards and the activation code has been delivered, regardless of whether or not it has been used.
7. Any other cases specified by the Executive Regulations.
All of the foregoing shall be without prejudice to any more favourable terms and conditions set by the Product or Service Provider for the Consumer.

Chapter Five: Advertising and Promotion of Digital Commerce

First: Advertising

Article 18

An advertisement relating to Digital Commerce shall include the following data:
1. The name of the Product or Service Provider, and the price of the product or service.
2. A clear and accurate description of the advertised product or service.
3. The contact details of the Product or Service Provider; electronic advertisements made through social media accounts registered with the Ministry shall be excepted from the application of this Clause, provided that the advertisement is linked to the official social media account of the Advertiser, which contains all the required information about the Product or Service Provider.
4. Other data specified by the Executive Regulations.

Article 19

An advertisement relating to Digital Commerce shall not include the following:
1. An offer, statement or claim that is false or contrary to public order or public morals.
2. A logo, image or trademark that is counterfeit or used without a legal basis justifying its use.
3. Expressions likely to lead, directly or indirectly, to deceiving or misleading the Consumer.

Article 20

The Ministry shall notify every person who violates the provisions of Articles (18) and (19) of this Law to rectify the violation within (24) hours from the time of being so notified, in accordance with the provisions of the Executive Regulations.
If the violation is not rectified, the Ministry may, in coordination with the relevant authorities, block the violating Store in the manner and by the procedures specified by the Executive Regulations.

Article 21

The Product or Service Provider shall be bound by the terms of its advertisement and may not depart from them except in the Consumer’s interest.

Second: Promotion

Article 22

The Product or Service Provider may make offers of a promotional nature for the purpose of attracting the Consumer to purchase the product or request the service, provided that the terms relating thereto are clearly disclosed.
The Executive Regulations shall set out the rules for implementing this Article.

Article 23

Where Influencers are used to promote products or services, the Product or Service Provider shall:
■ Keep the data, records and agreements relating to the Influencer for a period of not less than five years, and submit them to the Ministry upon request.
■ Pay all dues to Influencers through reliable means of payment consistent with anti-money laundering standards, the instructions of the Central Bank and the banking regulations in the State.
■ Not use Influencers in any promotional campaigns involving fraud or the misleading of Consumers, or aimed at evading the prescribed financial regulations.
■ Comply with other obligations specified by the Executive Regulations.

Chapter Six: Electronic Documents and Records and the Electronic Signature

First: Electronic Documents and Records

Article 24

The Product or Service Provider shall establish an Electronic Record for keeping documents in the form in which they were sent or received, for a period of not less than five years, and shall submit them to the Ministry upon request.
Electronic documents or records shall be kept on secure electronic media that ensure the integrity of their content and their legal evidentiary value, together with the information relating to their source and destination and the date and place of their sending or receipt, and they shall be accessible for inspection and audit throughout their period of validity, regardless of the technology or system used, all in accordance with the provisions of the aforementioned Electronic Transactions Law.
The Consumer shall have the right to request from the Product or Service Provider the electronic documents or records relating to him, and the latter shall provide them to him if requested during the period of validity of the document.

Second: The Electronic Signature

Article 25

The Product or Service Provider shall obtain a prior licence from the Ministry approving its Electronic Signature.
The Electronic Signature shall contain data that identify the signatory and distinguish him from others, ensure that the document is not altered after it has been signed, and be linked to the document in a manner that makes it impossible to alter it without this being detected, all in accordance with the provisions of the aforementioned Electronic Transactions Law.

Article 26

The Product or Service Provider to whom the Electronic Signature is attributed shall notify the Ministry of any unlawful use of its signature immediately upon becoming aware thereof.

Article 27

The Electronic Signature of the Product or Service Provider shall be cancelled in any of the following cases:
• The death or loss of legal capacity of the natural person to whom the signature is attributed.
• The termination of the juristic person for any of the grounds of termination prescribed by law.

Chapter Seven: Services and Technologies

Article 28

The Product or Service Provider shall make available to the Consumer electronic means of payment characterised by simplicity, transparency and non-discrimination, consistent with the instructions issued by the Central Bank of Kuwait in this regard.
The Product or Service Provider shall deal only with payment service providers licensed by the Central Bank of Kuwait.
It may not impose any additional fees on the Consumer for the use of Electronic Payment means except after obtaining the prior approval of the Central Bank of Kuwait, and provided that such fees are clearly stated in the terms and conditions of the electronic contract.
The Executive Regulations shall specify the rules governing Electronic Payment means and the procedures for their use.

Article 29

The Product or Service Provider may provide logistics services such as storage, shipping and transport, or provide delivery services directly to the Consumer, either through modern technical means that meet all the rules prescribed by the relevant authorities, or through parties licensed to provide such services inside or outside the State.
The Product or Service Provider shall clearly disclose the costs of logistics services in the electronic contract, including the delivery options and the delivery period.
No additional amounts relating to logistics services may be imposed on the Consumer unless they have been specified in advance in the terms and conditions of the electronic contract.
All of the foregoing shall be in accordance with the rules specified by the Executive Regulations.

Article 30

The Product or Service Provider may use modern technologies such as blockchain technology and smart contracts in managing its transactions with the Consumer, in accordance with the rules set out in the Executive Regulations.

Article 31

Any person wishing to introduce a new innovation, product or service in the field of Digital Commerce that is not covered by the provisions of the legislative framework in force within the State of Kuwait may submit an application to the Ministry stating the nature of the innovation, product or service and its advantages.
The Ministry may, within the framework of examining the said application, establish an experimental environment of a production nature in which the applicant is permitted to operate the innovation, product or service on an actual and limited basis, in accordance with the rules set by the Ministry, in a manner that enables him to derive commercial and practical benefit, having regard to the rules on consumer protection, Cybersecurity and the integrity of financial transactions.
The Ministry, or whomever it authorises, shall periodically monitor the production experimental environment to verify compliance with the specified rules, and the Ministry may take such corrective or preventive measures as it deems appropriate, including suspending or terminating the experimental activities in the cases set out in the Executive Regulations.
If the success of the innovation, product or service and its fulfilment of the prescribed requirements during the operating period of the experimental environment are established, the Ministry shall submit a recommendation to the relevant authorities to accommodate it within the legislative framework in force within the State of Kuwait.
All of the foregoing shall be in accordance with the rules specified by the Executive Regulations.

Article 32

The Product or Service Provider shall apply the Cybersecurity standards in force within the State of Kuwait and shall periodically update the data protection systems to counter emerging cyber threats, in accordance with the rules set out in the Executive Regulations.

Chapter Eight: The Committees

First: The Violations Committee

Article 33

One or more committees, to be called the (Violations Committee), shall be established at the Ministry, chaired by a counsellor seconded by the President of the Fatwa and Legislation Department, with two members from the relevant departments of the Ministry.
The Executive Regulations shall set out the term of membership of the committee, its working rules, the manner in which it issues its decisions and notifies them to the persons concerned, and the remuneration of its members and their assistants.

Article 34

The Violations Committee shall have competence over the following:
First: Examining the violations referred to it by the Ministry’s inspectors and disposing of them by one of the following actions:
1) Filing.
2) Referral to the Public Prosecution if the violations are criminally punishable.
3) Referral to the Disputes Settlement Committee if the violations are not criminally punishable.
Second: Blocking the Store through which the Product or Service Provider conducts its business for a period not exceeding (30) days.
The foregoing shall be in accordance with the rules set out in the Executive Regulations.

* Corrected by the Corrigendum published in Kuwait Al-Youm (Issue No. 1797, 28 June 2026).

Second: The Disputes Settlement Committee

Article 35

One or more committees, to be called the (Committee for the Settlement of Disputes relating to Digital Commerce), shall be established at the Ministry, chaired by a judge seconded by the Supreme Judicial Council whose grade is not lower than that of counsellor, with two members from the relevant departments of the Ministry.
The Executive Regulations shall set out the term of membership of the committee, its working rules, the manner in which it issues its decisions and notifies them to the persons concerned, and the remuneration of its members and their assistants.

* Corrected by the Corrigendum published in Kuwait Al-Youm (Issue No. 1797, 28 June 2026).

Article 36

The Disputes Settlement Committee shall have competence over the following:
1) Deciding disputes between the Product or Service Provider and the Consumer as to whether or not there is a defect in the good or service, or whether or not it conforms to the specifications and to the purpose for which the contract was concluded.
2) Deciding grievances against decisions issued to block the Store, within the period specified by the Executive Regulations.
3) Examining the violations referred to it by the Violations Committee, and disposing of them:
● Either by filing, where the violation is not established;
• Or by imposing the penalty prescribed in the Financial Penalties Regulation for Product and Service Providers, in respect of violations other than those that are criminally punishable;
• Or by obliging the violator to rectify the violation within a specified period, provided that the matter is brought back before it upon the expiry of that period, so that it may decide to consider the violation rectified, to grant him an additional grace period for a further term, or to impose a penalty in respect of it;
• Or by referral to the Public Prosecution if the violation is criminally punishable.
The Penalties Regulation referred to shall be issued by a resolution of the Minister.

* Corrected by the Corrigendum published in Kuwait Al-Youm (Issue No. 1797, 28 June 2026).

Article 37

The Disputes Settlement Committee may decide to publish on the Ministry’s website the decision imposing a penalty on any distributor of the product or service.

Article 38

Decisions issued by the Violations Committee and the Disputes Settlement Committee shall be final and enforceable in accordance with the rules set out in the Executive Regulations, unless otherwise ruled.
The Ministry shall follow up the implementation of these decisions in coordination with the competent authorities.

Chapter Nine: Penalties

Article 39

Without prejudice to any more severe penalty provided for by any other law, a penalty of imprisonment for a term not exceeding one year and a fine of not less than one thousand dinars and not more than ten thousand dinars, or either of these two penalties, shall be imposed on:
1. Any person who violates the provisions of Articles (3, 15, 23, 24, 25, 26, 28, 31, 32).
2. Any person who submits false data, or forged or fictitious documents, for registration in the register of persons working in the Digital Commerce sector at the Ministry.
3. Any person who offers, by any of the Technical Means, products or services that are unlawful or contrary to public order, public morals or public health.
4. Any person who refrains from implementing a decision of the Disputes Settlement Committee in violation of the provisions of the Executive Regulations.
The penalty shall be doubled in the event of recidivism.

Article 40

A judgment may be rendered confiscating the means used in committing any of the crimes provided for in this Law or the funds derived therefrom.
A judgment may also be rendered closing the Store in which any of these crimes was committed, if they were committed with the knowledge of its owner, for a period not exceeding one year, as the case may be, without prejudice to the rights of bona fide third parties or to the right of the injured party to appropriate compensation.

Article 41

The person responsible for the actual management of the violating juristic person shall be punished with the same penalties provided for in this Law if it is established that he had knowledge of the violation and that his breach of the duties imposed on him by his position contributed to the occurrence of that violation, or that he obtained a direct personal interest or benefit from its commission.
The juristic person shall be jointly and severally liable for the payment of any financial penalties and compensation adjudged, if the violation was committed by one of its employees in its name or for its benefit.

Article 42

Settlement may be made in respect of the crimes provided for in this Law until a final and unappealable judgment is rendered therein, by a decision of the Undersecretary of the Ministry in accordance with the rules, conditions and procedures specified by the Executive Regulations. The acceptance of the settlement request shall result in the criminal action not being instituted or being extinguished.

Chapter Ten: Final Provisions

Article 43

The employees who shall have the capacity of judicial police officers to monitor the implementation of the provisions of this Law and of the regulations and resolutions implementing it shall be designated by a resolution of the Competent Minister.
Such employees shall have the right to enter the relevant premises and to carry out inspections to detect crimes committed in violation of the provisions of this Law and of the regulations and resolutions implementing it, and to draw up reports and refer them to the Violations Committee.

Article 44

The Competent Minister shall issue the Executive Regulations of this Law within one year from the date of its publication in the Official Gazette.
The Ministry shall publish the regulations and resolutions implementing this Law in the Official Gazette and post them on its official website.

Article 45

The Ministers, each within his competence, shall implement this Law, which shall come into force one month after the date of publication of its Executive Regulations in the Official Gazette.

Issued on 22 February 2026 and published in the Official Gazette Kuwait Al-Youm on 1 March 2026.