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