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Electronic Signatures and Certification Authorities

Explore the current landscape of electronic signatures & certification in the EU, including legal & commercial issues, data protection, and security considerations. Gain insights on directives, policies, and potential harmonization efforts to enhance electronic commerce and ensure data security. Delve into the challenges and safeguards against fraud, encryption, authentication methods like electronic signatures, and the road ahead for a unified framework in contract law.

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Electronic Signatures and Certification Authorities

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  1. Electronic Signatures and Certification Authorities Obligations, Liabilities and Responsibilities Michael Peeters Pinsent Curtis - UK

  2. WHO AM I? • UK Qualified Lawyer • Technology Law Practice • EU Law Adviser • ICC E-Commerce Working Group etc

  3. OBLIGATIONS, LIABILITIES AND RESPONSIBILITIES • Where are we now? (EU) • Legal/Commercial Issues • EU c.f. US, Aus etc

  4. Where are we now? (EU) • Electronic Signatures: • EU Directive on a Common Framework for Electronic Signatures • 30 November; Council Unanimously approved all 2nd reading amendments • Final Adoption now achieved

  5. WHERE ARE WE NOW? (EU) • Electronic Commerce: • EU Directive on Electronic Commerce • 7 December; political agreement reached (Parliament and Council)

  6. WHERE ARE WE NOW? (EU) • Data Protection: • Directive(s) implemented (95-general) (97-telcos) • Security Issues • Trans border data flows and safe harbour principles

  7. WHERE ARE WE NOW?(EU) • Other: • 1995 Council Resolution on the lawful interception of telecommunications • EU Distance Selling Directive • EU 1997 Telecommunications Licensing Directive (97/13)

  8. WHAT IS SECURITY? • OECD 1997 Guidance - 3 elements • availability of data • confidentiality of data • integrity of data

  9. THE SECURITY ISSUE • Principal obstacle to more widespread use and especially internet payment and mechanisms • Need for safeguards against fraud

  10. THE SECURITY ISSUE - CONTINUED • The risk of hacking; encryption • Authentication: electronic signatures, finger-prints, etc

  11. ELETRONIC SIGNATURES • Differing approaches • Harmonisation attempts • The way forward?

  12. THE EU ELECTRONIC SIGNATURES POSITION • Data authentication • Legal recognition • accreditation of Certification-Service providers • interoperability of e-signature products • Contract law harmonisation?

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