Electronic signatures and law

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Worldwide, legislation concerning the effect and validity of electronic signatures, including, but not limited to, cryptographic digital signatures, includes:

Contents

Argentina

Bermuda

Brazil

Canada

China

Colombia

European Union and the European Economic Area

The eIDAS regulation. [2] [3] [4]

In the EU, electronic signatures and related trust services are regulated by the Regulation (EU) N°910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation). This regulation was adopted by the Council of the European Union on 23 July 2014. It became effective on 1 July and repealed the Electronic Signatures Directive 1999/93/EC. At the same date, any laws of EU member states that were inconsistent with eIDAS were also automatically repealed, replaced or modified. In contract to the aforementioned directive (which allowed the EU member states to interpret it and transpose it to their own law) the eIDAS Regulation is directly effective in all member states.

Before eIDAS

European Union Directive establishing the framework for electronic signatures:

Ghana

Guatemala

India

Indonesia

Israel

Japan

Korea

Malaysia

Maldives

México

Moldova

New Zealand

For an overview of the New Zealand law refer: - The Laws of New Zealand, Electronic Transactions, paras 16-18; or - Commercial Law, paras 8A.7.1-8A.7.4. (these sources are available on the LexisNexis subscription-only website)

Peru

Philippines

Russian Federation

Singapore

South Africa

Switzerland

Ukraine

United Nations Commission on International Trade Law

United States

Case law

Court decisions discussing the effect and validity of digital signatures or digital signature-related legislation:

Uruguay

Uruguay laws include both, electronic and digital signatures:

Turkey

Turkey has an Electronic Signature Law TBMM.gov.tr since 2004. This law is stated in European Union Directive 1999/93/EC. Turkey has a Government Certificate Authority - Kamu SM for all government agents for their internal use and three independent certificate authorities all of which are issuing qualified digital signatures.

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<span class="mw-page-title-main">Electronic Signatures in Global and National Commerce Act</span> United States federal law

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<span class="mw-page-title-main">Electronic Commerce Regulations 2002</span> United Kingdom legislation

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<span class="mw-page-title-main">Electronic Signatures Directive</span> EU directive

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eIDAS EU electronic identification regulation

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A secure signature creation device (SSCD) is a specific type of computer hardware or software that is used in creating an electronic signature. To be put into service as a secure signature creation device, the device must meet the rigorous requirements laid out under Annex II of Regulation (EU) No 910/2014 (eIDAS), where it is referred to as a qualified (electronic) signature creation device (QSCD). Using secure signature creation devices helps in facilitating online business processes that save time and money with transactions made within the public and private sectors.

<span class="mw-page-title-main">Qualified website authentication certificate</span>

A qualified website authentication certificate is a qualified digital certificate under the trust services defined in the European Union eIDAS Regulation.

An electronic seal is a piece of data attached to an electronic document or other data, which ensures data origin and integrity. The term is used in the EU Regulation No 910/2014 for electronic transactions within the internal European market.

References

  1. http://www.npc.gov.cn/npc/xinwen/2019-05/07/content_2086835.htm 中华人民共和国电子签名法 (Chinese Only)
  2. "Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC". EUR-Lex. 23 July 2014. Archived from the original on 15 January 2018. Retrieved 15 January 2018.
  3. "Questions & Answers on Trust Services under eIDAS". Digital Single Market - News. European Commission. 29 February 2016. Archived from the original on 15 January 2018. Retrieved 16 January 2018.
  4. Dan Puterbaugh (1 March 2016). "Understanding eIDAS – All you ever wanted to know about the new EU Electronic Signature Regulation". Legal IT Insider. Archived from the original on 17 January 2018. Retrieved 17 January 2018.
  5. "Fatal error leads TURKTRUST to issue dangerous SSL certificates". The H. 4 January 2013. Archived from the original on 7 December 2013. Retrieved 22 September 2019.
  6. "TURKTRUST Unauthorized CA Certificates | Entrust, Inc". Archived from the original on 2 February 2014. Retrieved 31 July 2013.
  7. "IT news, careers, business technology, reviews".
  8. "- SSL Secure Server Certificate - TURKTRUST". Archived from the original on 7 January 2013. Retrieved 11 January 2013.

Further reading