EU
From eSignatureLegalWiki.org
| Costa Rica | |
| Legislation: | Directive 1999/93/EC |
|---|---|
| Status: | Enacted |
| Year Enacted: | 1999 |
| Require Smart Cards: | No |
| Require Time-Stamping: | No |
| Excluded Documents: | None |
| Case Law: | None |
Contents |
History
In 1999, the EU has passed the Directive 1999/93/EC - a Community framework for electronic signatures .
Overview
This directive has set the guidelines for EU member states to adopt or modify their recognition of electronic signatures. The directive mandates that advanced electronic signatures that are based on a qualified certificate and are created by a secure signature-creation device are regarded as legally equivalent to handwritten signatures. The directive further specifies that an advanced electronic signature must be uniquely linked to the signatory, is capable of identifying the signatory, its creation is maintained under the sole control of the signatory, and it is linked to the data in a way which detects any changes made to the data.
Legislation Definitions & Excerpts
Electronic Signature Definitions
Requirements Pertaining to Electronic Signatures
Electronic Signature
Electronic signature means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication;
Advanced Electronic Signature
Advanced electronic signature means an electronic signature which meets the following requirements:
- it is uniquely linked to the signatory;
- it is capable of identifying the signatory;
- it is created using means that the signatory can maintain under his sole control; and
- it is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable;
Qualified Electronic Signatures
Advanced electronic signatures based on qualified certificates aim at a higher level of security; advanced electronic signatures which are based on a qualified certificate and which are created by a secure-signature-creation device can be regarded as legally equivalent to handwritten signatures only if the requirements for handwritten signatures are fulfilled.
Excluded Documents
Case Law
- Unknown
References
- [1]: Link to the EU Directive 1999/93/EC (English).
- [2] EU’s commission report on eSignatures Standardization survey
- [3] EU’s commission report on The Legal and Market Aspects of Electronic Signatures - Final report
- [4]: Link to the EU Directive 1999/93/EC (Official Spanish Translation English).
- [5]: Link to the EU Directive 1999/93/EC (Official French Translation English).
- [6]: Link to the EU Directive 1999/93/EC (Official Italian Translation English).
- [7]: Link to the EU Directive 1999/93/EC (Official German Translation English).
