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Unifying EU rules on electronic signatures

OUT-LAW News, 13/09/2001

A meeting of legal experts from around 18 European countries will take place in London on 25th September to compare the differing interpretations and states of implementation of the European Electronic Signatures Directive, which should have been introduced into the law of each European country by 19th July 2001.

The European Electronic Signature Directive was introduced by the European Commission to ensure that electronic signatures (every kind of electronic authentication attached to, or logically associated with other electronic data) should be able to have the same legal validity as a hand-written signature.

This could include biometric authentication, Message Authentication Codes (MAC), public key authentication schemes and even the typed name at the end of an e-mail. The resulting “qualified” electronic signature needs to be based on a certificate that meets specific requirements and has to be generated with a secure signature-creation device.

The meeting has been organised by the European forum for electronic business, known as EEMA, a non-profit organisation formed in 1987 to provide a neutral platform for e-commerce and business. Among the issues to be examined at the meeting is the task of identifying the likely practical consequences for the use of electronic signatures in Europe.

“With any European directive, it is only the objectives that are binding, and not the way these objectives are achieved” said Jos Dumortier, the Chair of EEMA’s legal work group and professor at Katholieke Universiteit Leuven, Belgium. “Consequently, each Member State is implementing the European Electronic Signatures Directive in different ways, and therefore, the interpretations of certain provisions of the Directive are divergent to say the least” he continued.

“It is already apparent that there will be various systems of supervision and accreditation within each country which will have a direct impact on certification authorities (CAs), certification service providers (CSPs), regulatory/supervisory authorities (RAs), vendors of public key infrastructure (PKI) products and legal bodies amongst others, and it is also clear from what we have seen so far, that each European country is working to a different timescale for implementing the Directive into their national law. The objective of the meeting is to compare the differing timescales, interpretations and implications of the Directive, so we can understand and clarify the impact on the various affected parties.” he concluded.

EEMA will be using the information gained from the meeting to brief European Regulatory/Supervisory Authorities on the implications for them on 1st October in Milan, Italy. Any interested RA/SA can attend this free briefing session. More information can be obtained by contacting EEMA at info@eema.org.

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