an advanced electronic signature
It has been given a qualified certificate
It was provided by a certification service provider
It was made by a secure signature creation device
See also Article 9 of the E-Commerce Directive
‘Member States shall ensure that their legal systems allow contracts to be concluded by electronic means.’
If a signature does not meet those requirements, its legality cannot be questioned solely on that basis. Further investigations must be undertaken and this accords with the general rule of contract law - judges will do their best to enforce a contract and interpret ambiguities in the contract.
The Certification service provider is governed by the law of the member State of its domicile.
Article 2 of 1999 Directive
‘Data in electronic form which is attached to or logically associated with other electronic data and which serves as a method of authentication’
‘A signature uniquely linked to the signatory, which is capable of identifying the signatory, can be maintained under his sole control and is linked to the data to which it relates so that subsequent change is detectable’
Unique to the signatory
Identifies the signatory
Sole Control by the signatory
Linked to Data interference discovered
Article 6 of the Directive provides for liability of 英语论文网 【http://www.51lunwen.org】the certification provider.
UK Law
E-Communications Act 2000
Section 1 - Register of Cryptography Service Providers maintained by Secretary of State
Section 4 - Data Protection
Section 7 - (1) In any legal proceedings-
(a) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and
(b) the certification by any person of such a signature,
shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.
The Electronic Signatures Regulations 2002
Regulation 3 - The Secretary of State must keep under review the activities of certification service providers
Regulation 4 - provides for the liability of certification service providers
Regulation 5 - Data Protection laws must be followed
Reasons against E-Signature Legislation
There may be no reason to enact specific laws regulating the security of internet transactions. The risk of fraud is present in telephone, fax and telex communications. Even face to face transactions may be the subject of fraudulent activity. There is a two tier level of security in written signatures. Simple signatures and notarised signatures. Similarly, in e-commerce there is a two tier level of securi
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