Digital Enterprises in Algerian Legislation: Legal Framework, Evidentiary Challenges, and Prospects for Regulatory Modernization

The digital transformation of commercial activity has fundamentally altered the principles of business organization and legal recognition.Digital enterprises-companies established, managed, and transacted entirely through electronic means-have become an integral component of the global commercial ecosystem.Many comparative legal systems have enacted robust legislative frameworks to ensure their regulation, transparency, and accountability.In Algeria, however, the legislative and institutional integration of digital commerce has been characterized by notable delays and partial implementation.Despite the promulgation of Law No. 18-05 of May 10, 2018, governing e-commerce, the legislation remains limited in scope, leaving significant legal ambiguities concerning the establishment, operation, and proof of digital commercial entities.This study critically examines the legal status of digital businesses under Algerian commercial law, with particular attention to evidentiary mechanisms in electronic transactions.Using a combined descriptive and analytical methodology, the paper explores the extent to which Algerian legislation accommodates electronic proof principles and whether it ensures parity between traditional and digital commercial entities.Findings reveal that Algerian law, while recognizing electronic contracts and signatures, lacks a comprehensive legal infrastructure for digital enterprises-particularly regarding registration procedures, electronic archives, and verification of digital transactions.The paper concludes with a set of recommendations aimed at harmonizing national legislation with international e-commerce standards and reinforcing the principle of 'parallelism of forms' in the recognition of digital evidence.