VLP Legal Press #6

E-contracts in Cambodia

📄 Are e-contracts recognised under Cambodian law?

Yes. Under Cambodia’s Law on Electronic Commerce (2019) (LEC), electronic communications are given legal effect and enforceability, unless proven otherwise . This applies to e-contracts as well but does not apply to power of attorney, will, contract for immovable property and other exceptions as may be prescribed by the law.

📄 How is an e-contract formed?

One of the key elements of forming a contract is the declaration of intent to enter into one. This is done by communicating an offer and an acceptance (O+A) to perform a certain act.

In line with this, the law recognises that O+A and contract formation may be carried out electronically.

📄 How can offer and acceptance be made electronically?

Information is considered sent when it leaves the sender’s system or is received by the recipient’s system. It is considered received when the recipient can access it.

The LEC also recognises O+A made through  interaction of an automated system. Therefore, electronic actions – such as clicking “Place order”,  “I agree” or confirming terms via email – can lead to the formation of a binding agreement.

📄 Can the conditions of “made in writing” or “signing” be fulfilled electronically?

Yes. The law allows for:

• Any requirement for a document to be “in writing” to be satisfied by electronic form, if it can be stored and retrieved later.

• Any requirement for a signature to be met using an electronic signature, as long as it can identify the person and show intent to sign.

This means digital documents and e-signatures carry legal weight in Cambodia.

📄 Can electronic evidence be accepted by the court?

Yes. Cambodian law provides that courts recognise electronic evidence, including emails, messages, digital files, and electronic records.

The law also sets out how to assess the authenticity and reliability of such records. As long as the electronic evidence is properly stored and verifiable, it is admissible in court and treated like any other form of evidence.

This information is for general reference only and does not constitute comprehensive legal advice. If you need further legal guidance, feel free to reach out to us at connect@vlplaw.co.