Electronic Signatures and Certification Authorities abcde Obligations Liabilities
Electronic Signatures and Certification Authorities abcde Obligations, Liabilities and Responsibilities Michael Peeters Pinsent Curtis - UK
WHO AM I? abcde • • UK Qualified Lawyer Technology Law Practice EU Law Adviser ICC E-Commerce Working Group etc
OBLIGATIONS, LIABILITIES AND RESPONSIBILITIES abcde • Where are we now? (EU) • Legal/Commercial Issues • EU c. f. US, Aus etc
Where are we now? (EU) abcde • Electronic Signatures: – EU Directive on a Common Framework for Electronic Signatures – 30 November; Council Unanimously approved all 2 nd reading amendments – Final Adoption now achieved
WHERE ARE WE NOW? (EU) • Electronic Commerce: abcde – EU Directive on Electronic Commerce – 7 December; political agreement reached (Parliament and Council)
WHERE ARE WE NOW? (EU) abcde • Data Protection: – Directive(s) implemented (95 -general) (97 -telcos) – Security Issues – Trans border data flows and safe harbour principles
WHERE ARE WE NOW? (EU) abcde • Other: – 1995 Council Resolution on the lawful interception of telecommunications – EU Distance Selling Directive – EU 1997 Telecommunications Licensing Directive (97/13)
WHAT IS SECURITY? • OECD 1997 Guidance - 3 elements abcde – availability of data – confidentiality of data – integrity of data
THE SECURITY ISSUE abcde – Principal obstacle to more widespread use and especially internet payment and mechanisms – Need for safeguards against fraud
THE SECURITY ISSUE CONTINUED abcde • The risk of hacking; encryption • Authentication: electronic signatures, finger -prints, etc
abcde
ELETRONIC SIGNATURES abcde – Differing approaches – Harmonisation attempts – The way forward?
THE EU ELECTRONIC SIGNATURES POSITION abcde – Data authentication – Legal recognition – accreditation of Certification-Service providers – interoperability of e-signature products – Contract law harmonisation?
- Slides: 13