Decree-Law No. 10 of 2026 — Detailed Explanation
Background
The issuance of Decree-Law No. 10 of 2026 concerning the regulation of digital commerce came after a legislative process that began in 2024:
| Date | Event |
|---|---|
| December 2024 | Ministry of Commerce and Industry announces draft digital commerce law |
| November 2025 | Cabinet approves draft law regulating digital commerce |
| February 2026 | Decree-Law No. 10 of 2026 issued |
Why a Decree-Law Rather Than Regular Legislation?
A decree-law is issued under the Emir's authority in cases of urgency or when the National Assembly is not in session. This reflects the importance of the law and the urgency of regulating digital commerce in Kuwait.
Stated Objectives
Based on official announcements, the decree aims to:
- Regulate digital commerce: Establish a comprehensive legal framework for digital commercial activities
- Protect consumers: Strengthen consumer rights in the digital environment
- Regulate digital advertising: Set controls for online commercial advertisements
- Support the sector: Encourage digital commerce growth while ensuring discipline
- Keep pace with progress: Update legislation to keep up with modern technology
Expected Structure of the Decree
Based on Kuwaiti legislative practices and official announcements, the decree is expected to contain provisions on:
Definitions and Scope
- Definition of digital commerce
- Identification of covered persons and activities
- Relationship to existing legislation (especially Electronic Transactions Law 2014)
Digital Merchant Obligations
- Registration and disclosure requirements
- Transaction transparency
- Duty of prior consumer notification
Digital Platform Regulation
- Platform operator duties
- Merchant verification
- Dispute resolution
Digital Consumer Protection
- Special digital consumer rights
- Grievance mechanisms
- Penalties for violations
Digital Advertising
- Digital commercial advertising rules
- Paid content disclosure
- Advertiser and platform liability
Penal Provisions
- Penalties for violations
- Regulatory authority powers
Difference Between the Decree and the Electronic Transactions Law
| Aspect | Electronic Transactions Law 2014 | Decree-Law 10/2026 |
|---|---|---|
| Objective | Giving legal validity to electronic means | Regulating digital commercial activity |
| Scope | Contracts, signatures, electronic records | Commerce, advertising, platforms, consumer protection |
| Practical impact | Is the electronic contract legally valid? | How should the digital merchant behave? |
| Enforcement | Communication and Information Technology Regulatory Authority (CITRA) | Ministry of Commerce and Industry (MOCI) |
What Does "Decree-Law" Mean?
| Term | Meaning |
|---|---|
| Decree-Law | Legislation issued by the Emir with the force of law under specific circumstances |
| No. 10 | Sequential numbering of decree-laws during the year |
| Of 2026 | Year of issuance |
| Concerning the regulation of digital commerce | The regulated subject |
What's Next?
- Executive regulations: Will specify practical implementation details
- Ministerial decisions: MOCI will issue detailed guidance
- Transition period: Businesses are expected to receive time to adapt
- Future updates: As with any new law, amendments will follow based on practical application
Legal note: This explanation is based on officially announced information. The full text of the decree and executive regulations should be consulted directly for actual implementation.
Also read: What Is Kuwait's Digital Commerce Law in 2026 | Changes in 2026
