Illuminating the Road after the Void: An Examination of the New Saudi E-Commerce Law in Light of its European Counterpart Regime

Abstract

As part of actualising one of its Vision 2030 commitments, the Kingdom of Saudi Arabia introduced the extraterritorial E-Commerce Law (ECL), which is the first of its kind, only five months before a global pandemic unexpectedly stifled in-person business. In view of its domestic and global significance, this article critically examines the Saudi ECL and its Executive Regulations in light of their counterpart frameworks in the European Union, contemplating the similarities, divergences and underlying intentions. Throughout the comparative analysis, the article finds an element from Europe inserted here and there into the edifices of the Saudi e-commerce framework. The article argues, however, that such insertions are not slavish imitation but were instead carefully selected with sagacity and consideration for the local context. Hence, this examination illustrates an instance, in which EU consumer policies have been instrumental, that exemplifies the contemporary Saudi legislature as a selective lawmaker.