Kuwait Digital Commerce Law 2026

What Is Decree No. 10/2026?

Kuwait's Digital Commerce Law, formally known as Decree No. 10 of 2026, is the country's first comprehensive legal framework designed specifically for electronic commerce. Issued by the Ministry of Commerce and Industry (MOCI), this decree establishes binding rules for anyone selling products or services online to customers in Kuwait.

The law was drafted in response to the rapid growth of online selling in Kuwait — particularly through social media platforms such as Instagram, TikTok, and WhatsApp. Before Decree 10/2026, online sellers operated in a largely unregulated space. This new legislation brings digital commerce under the same consumer-protection standards that apply to traditional brick-and-mortar retailers.

Who Must Comply?

The law applies broadly to any individual or business that sells goods or services electronically to consumers in Kuwait. This includes:

• Registered e-commerce websites — any company operating an online store with a .com.kw or international domain targeting Kuwait customers.
• Social media sellers — individuals and businesses selling through Instagram, TikTok, Snapchat, WhatsApp, or any other social platform.
• Marketplace sellers — vendors listing products on platforms such as Amazon.com.kw, Carriage, Talabat, or similar aggregators.
• Digital service providers — businesses offering SaaS products, digital courses, subscriptions, or consulting services to Kuwait-based customers.
• Influencers engaged in commercial promotion — content creators who accept payment or goods in exchange for promoting products to their audience.

Importantly, the law makes no distinction between full-time businesses and part-time sellers. A university student selling handmade accessories on Instagram is held to the same compliance standards as a large e-commerce retailer.

The Six Pillars of Decree 10/2026

The law is organized around six major areas of regulation. Understanding each pillar is essential for building a compliance strategy.

1. MOCI Registration

Every online seller must register with the Ministry of Commerce and Industry. This is a formal process that requires submitting business details, the URL or social media handle through which sales are conducted, and proof of a valid commercial license (where applicable). Sole traders and freelancers have a simplified registration pathway, but registration is still mandatory.

2. Arabic Language Requirements

All product descriptions, business names displayed on storefronts, invoices, and terms of service must be available in Arabic. Sellers may also offer content in English or other languages, but Arabic must always be present. This requirement ensures that all Kuwait consumers can understand what they are purchasing regardless of their language background.

3. Consumer Return Rights

The decree mandates a minimum 14-day return period for most products, starting from the date of delivery. Sellers must publish their return policy prominently on their storefront and document the return process step by step. There are limited exceptions for perishable goods, personalized items, and sealed hygiene products, but the default position is that consumers have a right to return.

4. Payment Processing Standards

Sellers may only accept electronic payments through licensed payment processors approved by the Central Bank of Kuwait. Cash on delivery remains permitted, but any card or digital wallet payment must be routed through a licensed gateway. Additionally, sellers are prohibited from adding surcharges to any payment method — the advertised price must be the final price regardless of how the customer chooses to pay.

5. Invoicing Obligations

Every transaction must generate an Arabic-language invoice that includes specific fields: the seller's registered name and MOCI number, the buyer's name, a description of the item or service, the unit price, any applicable taxes, the total amount, the date of transaction, and a unique invoice number. Digital invoices sent via email or messaging apps are acceptable provided they contain all required fields.

6. Influencer Accountability

For the first time, Kuwait law explicitly regulates commercial influencer activity. Businesses that engage influencers for paid promotion must maintain written contracts specifying the scope of the arrangement. These records must be kept for a minimum of five years. Influencers themselves are required to disclose paid partnerships in every promotional post.

Penalties for Non-Compliance

The enforcement provisions of Decree 10/2026 carry meaningful consequences:

• Financial penalties — fines range from 500 KWD to 10,000 KWD per violation, depending on severity and whether it is a first offense or a repeat infraction.
• Business suspension — MOCI has the authority to suspend an online seller's commercial license for up to six months for serious or repeated violations.
• Platform de-listing — MOCI can request that social media platforms and marketplaces remove non-compliant sellers.
• Criminal liability — in cases of fraud or deliberate consumer harm, the law provides for criminal prosecution under Kuwait's existing commercial fraud statutes.

Enforcement Timeline

The rollout of Decree 10/2026 follows a phased approach:

• January 2026 — Decree published in the Official Gazette. Grace period begins.
• January–March 2026 — MOCI conducts awareness sessions and publishes implementation guidelines.
• April–June 2026 — Voluntary compliance period. Sellers encouraged to register and update their operations.
• July 2026 — Full enforcement begins. MOCI inspectors begin auditing online sellers.
• October 2026 — First round of published enforcement actions and penalty reports.

How to Comply: A Practical Roadmap

Getting compliant does not require hiring a law firm. Here is a straightforward roadmap:

1. Register with MOCI — visit the MOCI digital services portal and complete your online seller registration.
2. Audit your storefront — ensure all product listings have Arabic descriptions, your business name is displayed in Arabic, and your return policy is published.
3. Update your payment setup — confirm that your payment gateway is licensed by the Central Bank of Kuwait. Remove any payment surcharges.
4. Set up proper invoicing — use an invoicing tool that generates Arabic invoices with all required fields automatically.
5. Document influencer relationships — if you work with influencers, prepare written contracts and establish a record-keeping system.
6. Publish required policies — your storefront needs visible links to your return policy, privacy policy, terms and conditions, and contact information.

How Zelicra Helps

Zelicra was built specifically for Kuwait's Digital Commerce Law. The platform provides an automated 18-item compliance checklist that scans your online store and identifies gaps. It generates Arabic invoices, tracks return requests against the 14-day window, and maintains an audit trail that satisfies MOCI's record-keeping requirements.

With Zelicra's free tier, you can run your first compliance check in under five minutes — no credit card required.