1 legislative standards on electronic communications and electronic signatures: an introduction Luca Castellani Legal Officer secretariat
2 International harmonization of e-commerce law Model Law on Electronic Commerce (1996) text and list of enacting states available at Model Law on Electronic Signatures (2001) text and list of enacting states available at United Nations Convention on the Use of Electronic Communications in International Contracts (2005) text and list of signatory states available at
3 International harmonization of e-commerce law Sources of legal obstacles to electronic transactions Legal concepts based on the existence of a tangible medium instrument, document, original, signature Legal concepts based on geographic location: delivery, receipt, dispatch, surrender
4 Recognition and evidentiary value of electronic communications: basic questions If there is no Law on electronic transactions: Do courts adopt a liberal interpretation to form requirements and evidentiary rules? Or do they take a restrictive approach? If there is a Law on electronic transactions: Does it limit the types of electronic records that are legally recognized? Does it admit other types of electronic records as well?
5 Basic principles of e-commerce legislation Non discrimination Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of a data message (or it is incorporated by reference). Functional equivalence To facilitate rather than regulate electronic commerce To adapt existing legal requirements To provide basic legal validity and raise legal certainty
6 Basic principles of e-commerce legislation Media and technology neutrality Equal treatment of paper-based and electronic transactions Equal treatment of different techniques (EDI, , Internet, telegram, telex, fax) Party autonomy Primacy of party agreement on whether and how to use e- commerce techniques Parties free to choose security level appropriate for their transactions
7 Functional equivalence of the written form Where the law requires information to be in writing, that requirement is met by a data message if the information contained therein is accessible so as to be usable for subsequent reference. ( Model Law on Electronic Commerce, article 6).
8 Functional equivalence of original messages A data message can be regarded as an original document if: There exists a reliable assurance as to the integrity of the information from the time when it was first generated in its final form, as a data message or otherwise; and The information is capable of being displayed to the person to whom it is to be presented. ( Model Law on Electronic Commerce, article 8)
9 Traditional authentication and signature methods Notion of authentication and signature in the paper world Authenticity as a quality Signature as a method Varying functions under areas of law and across legal systems Contract law and procedural law Common law and civil law distinctions
10 Traditional authentication and signature methods Basic functions of hand-written signatures Identify a person Associate that person with the content of a document Attest to signatory s intent to to be bound by the content of a signed contract to endorse authorship of a text Prove the signatory s presence at a given place at a given time
11 Policy approaches to electronic signatures Prescriptive legislation Imposes use of a specific technology (typically digital signature technology) Two-tier legislation Creates legal presumptions in favour of one technology or method, but also admits other means of identification Minimalist legislation Provides minimum requirements and leave the parties free to choose signature method they deem appropriate
12 Policy approaches to electronic signatures Countries that enacted legislation to support digital signatures (exclusively or primarily): Americas: Argentina, Brazil (only for use within public administration), Chile, Colombia, Dominican Republic, Ecuador, Panama, Uruguay. Africa: Tunisia, South Africa. Asia and the Middle East: India, Malaysia, Israel, Japan. Europe: Belarus, Russian Federation.
13 Policy approaches to electronic signatures Examples of enactment of two-tier legislation in old EU: Specific e-signature laws: Italy, Germany, Portugal (all had to amend existing legislation), Austria, Belgium, Denmark, Finland, Greece, Spain, Sweden, UK (new legislation) Incorporated in broader framework: Ireland, Luxemburg (ecommerce specific); France, Netherlands (civil code) Other European countries: Czech Republic, Estonia, Hungary, Lithuania, Poland, Slovenia (already prior to EU accession ); Croatia, Norway, Romania, Switzerland Examples of two-tier legislation in other continents: Mexico, Pakistan, Singapore, Thailand
14 Policy approaches to electronic signatures Main examples of minimalist legislation Australia Canada New Zealand United States of America
15 Policy approaches to certification services Free market approach Any entity may offer certification services without requiring prior authorization: United States Mandatory licensing schemes Certification authorities need to obtain a license from a governmental body: Colombia, India, Singapore Accreditation schemes Certification authorities encouraged to seek accreditation with a public body or with a private non-for profit business sector organization: European Union, Pakistan Monopoly schemes Only public bodies or notaries authorized to issue certificates: typically applied to digital signatures used in governmental functions: Argentina, Chile
16 Electronic signatures under the Model Law on Electronic Commerce Legal signature requirements are met in relation to a data message if: a method is used to identify the signatory and to indicate his approval of the information contained in the data message; and that method is as reliable as was appropriate for the purpose for which the data message was generated or communicated (ex-post facto reliability of signature method: Model Law, article 7)
17 The policy: technology neutrality Model Law on Electronic Signatures, article 3 (Equal treatment of signature technologies): Nothing in the Law shall be applied so as to exclude, restrict or deprive of legal effect any method of creating an electronic signature that satisfies its requirements or otherwise meets the requirements of applicable law.
18 Technology neutrality applied to electronic signatures: reliability standards Model Law on Electronic Signatures, article 6(1) (Compliance with a requirement for a signature): Legal signature requirements are met in relation to a data message if an electronic signature is used which is as reliable as was appropriate for the purpose for which the data message was generated or communicated, in the light of all the circumstances, including any relevant agreement.
19 Technology neutrality applied to electronic signatures: reliability standards Model Law on Electronic Signatures, article 6(3) (Compliance with requirement for signature): (a) signature creation data must be linked to the signatory and to no other person; (b) signature creation data must be under the control of the signatory at the time of signing; (c) alterations to the electronic signature made after the time of signing must be detectable; (d) where legal signature requirement aims at assuring integrity of the information, any alteration to the information must be detectable.
20 Technology neutrality applied to electronic signatures: reliability standards When is a signature method as reliable as appropriate? Model Law allows parties to decide taking into account: Sophistication of equipment used Nature of trade activity Frequency of commercial transactions between the parties Kind and size of the transaction Legal function of signature
21 Technology neutrality applied to electronic signatures: reliability standards: determining reliability in advance Model Law on Electronic Signatures, article 7 (Satisfaction of article 6) Enacting States may determine which electronic signatures satisfy the provisions of article 6, provided that any such determination must be consistent with recognized international standards.
22 Policy approaches to electronic signatures: additional issues Duties of signatories and relying parties Should users bear risk? Analogy to ATM cards and credit cards Liability of certification authorities Should there be statutory limitation of liability? Should there be statutory standards of care? Cross-certification and foreign certificates Should the law protect local market? On what basis should foreign certificates be recognized?
23 The approach: basic good faith obligations for signatories Article 8 (Conduct of the signatory) The signatory has a duty to: exercise reasonable care to avoid unauthorized use of its signature creation data; without undue delay, notify interested parties if signature creation data have been compromised or may have been compromised; exercise reasonable care to ensure the accuracy and completeness of all material representations made which are relevant to the certificate throughout its life-cycle, or which are to be included in the certificate.
24 The approach: market structure left for domestic policy, with basic standards of conduct for certification services providers Article 9 (Conduct of the certification service provider) The certification service provider has a duty to: Comply with representations on policies and practices; Ensure accuracy and completeness of all material representations relevant to the certificate; Certification services provider must also provide reasonably accessible means for a relying party to ascertain from the certificate: (i) the identity of certification service provider; (ii) that signatory had control of signature creation data at the time when certificate was issued; (iii) that signature creation data were valid at or before that time;
25 The approach: market structure left for domestic policy, with basic standards of conduct for certification services providers Article 9 (Continued) Certification services provider must also provide reasonably accessible means for a relying party to ascertain: (i) how signatory was identified; (ii) limitations on the purpose or value of signature creation data or certificate; (iii) that signature creation data are valid and have not been compromised; (iv) limitations on the scope or extent of liability of certification service provider; (v) availability of notice and revocation facilities.
26 The approach: market structure left for domestic policy, with basic standards of conduct for certification services providers Article 9 (Continued) Certification services provider must always utilize trustworthy systems, procedures and human resources in performing its services. Trustworthiness needs to be assessed on the basis of factors such as (a) financial and human resources (b) quality of hardware and software systems; (c) procedures for processing certificates and applications; (d) availability of information to signatories and potential relying parties; (e) regularity and extent of audits; (f) official certification of compliance.
27 The approach: basic good faith obligations for relying parties Article 11. Conduct of the relying party Relying parties reminded of their duty to: (a) take reasonable steps to verify the reliability of an electronic signature; or (b) take reasonable steps to: (i) verify the validity, suspension or revocation of the certificate; and (ii) observe any limitation with respect to the certificate.
28 Barriers to international use of electronic signatures Absence of common standards: Different countries accept different methods Same method applying different technical standards in different countries Variety of approaches and designs: Conflicting conceptual outlay of electronic signature systems Varying role of State Recent study: Promoting confidence in electronic commerce: legal issues on international use of electronic authentication and signature methods Available at
29 policy on cross-border use of electronic signatures: no discrimination and substantive equivalence Article 12. Recognition of foreign certificates and electronic signatures In determining legal effectiveness of certificates or electronic signatures States should not take into account: (a) place where the certificate is issued or the electronic signature created or used; or (b) the place of business of the issuer or signatory. Foreign certificates and electronic signatures created or used abroad should have the same legal effect in the country if they offer a substantially equivalent level of reliability as domestic ones in the light of recognized international standards and other relevant factors.
30 Contact information For further information on the work of on electronic commerce and electronic signatures, please visit: You may reach me at Thank you for your attention!
Introduction to the law of electronic signatures Luca Castellani Head, Regional Centre for Asia and the Pacific UNCITRAL Secretariat Incheon, Republic of Korea Outline 1. Methods and technologies for electronic
World Consumer Income and Expenditure Patterns 2014 14th edi tion Euromonitor International Ltd. 60-61 Britton Street, EC1M 5UX TableTypeID: 30010; ITtableID: 22914 Income Algeria Income Algeria Income
The significance of technology neutrality in support of trade facilitation 6 June 2013 Jaesung Lee (Secretary of Working Group IV on Electronic Commerce) Ahreum Lee (Former Legal Officer) Secretariat Vienna,
Report on Government Information Requests January - June, Apple takes our commitment to protecting your data very seriously and we work incredibly hard to deliver the most secure hardware, software and
Appendix 1: Full Country Rankings Below please find the complete rankings of all 75 markets considered in the analysis. Rankings are broken into overall rankings and subsector rankings. Overall Renewable
Last updated: 4 September 2015 Reporting practices for domestic and total debt securities While the BIS debt securities statistics are in principle harmonised with the recommendations in the Handbook on
Report on Government Information January 1 - June 30, 2015 Apple takes our commitment to protecting your data very seriously and we work incredibly hard to deliver the most secure hardware, software and
BT Managed Event and BT Self-Managed Event (also referred to as Express, Plus and Premium) Conference Bridge and Call for Booked Audio Conferencing Services will comprise the following for each phone-conference:
Sell Globally in a Snap Supported Payment Methods Global In the global payments market, credit cards are the most popular payment method. However, BlueSnap expands the payment selection by including not
International Call Services Affordable rates for business calls. Wherever you are in the world. We ve got plenty to say when it comes to staying in touch when you re overseas. We have agreements with 443
SunGard Best Practice Guide What Number Should I Use? www.intercalleurope.com Information Hotline 0871 7000 170 +44 (0)1452 546742 email@example.com Reservations 0870 043 4167 +44 (0)1452
Income INTECH Global Income Managed Volatility Fund Australia 0.0066 0.0375 Austria 0.0045 0.0014 Belgium 0.0461 0.0138 Bermuda 0.0000 0.0059 Canada 0.0919 0.0275 Cayman Islands 0.0000 0.0044 China 0.0000
www.pwc.co.uk Global AML Resource Map Over 2000 AML professionals January 2016 Global AML Resources: Europe France Italy Jersey / Guernsey 8 Ireland 1 Portugal 7 Luxembourg 5 United Kingdom 1 50 11 Spain
Report on Government Information July 1 - December 31, 2014 apple Apple takes our commitment to protecting your data very seriously and we work incredibly hard to deliver the most secure hardware, software
Total (Transfer Consolidated cross-border claims in all currencies and local claims in non-local currencies Up to and including one year Maturities Over one year up to two years Over two years Public Sector
Aon Hewitt Country Profiles Your eguide to employment requirements and practices Profiles for nearly 90 countries worldwide Risk. Reinsurance. Human Resources. Know the Facts Whether you are a newcomer
Introducing Clinical Trials Insurance Services Ltd Important Staff Richard Kelly Managing Director Richard joined CTIS in 2006 having previously managed the Pharmaceutical wholesale division at Heath Lambert
Certified Once Accepted Everywhere The value of accredited certification Survey Report Published May 212 In 21/11, the IAF carried out a global survey to capture market feedback on the value of certification.
MALTA TRADING COMPANIES IN MALTA Trading companies in Malta 1. An effective jurisdiction for international trading operations 410.000 MALTA GMT +1 Located in the heart of the Mediterranean, Malta has always
International Business Parcels Rate Card Effective from 29th March 2016 International Business Parcels is a service with a range of sorting and delivery options for parcels. Pricing your parcels Once you
PORTABILITY OF SOCIAL SECURITY AND HEALTH CARE BENEFITS IN ITALY Johanna Avato Human Development Network Social Protection and Labor The World Bank Background study March 2008 The Italian Social Security
International Financial Reporting Standards Of Growing Importance for U.S. Companies Assurance Services there is no longer a choice Three factors may influence your need to consider IFRS. First, many organizations
Report on Government Information July 1 - December 31, 2015 Apple takes our commitment to protecting your data very seriously and we work incredibly hard to deliver the most secure hardware, software and
List of tables I. World Trade Developments 1. Overview Table I.1 Growth in the volume of world merchandise exports and production, 2010-2014 39 Table I.2 Growth in the volume of world merchandise trade
From: Education at a Glance 2012 Highlights Access the complete publication at: http://dx.doi.org/10.1787/eag_highlights-2012-en How many students study abroad and where do they go? Please cite this chapter
www.pwc.com/us/nes Global s Global s April 14, 2011 This document has been prepared pursuant to an engagement between PwC and its Client. As to all other parties, it is for general information purposes
THE ADVANTAGES OF A UK INTERNATIONAL HOLDING COMPANY Ideal Characteristics for the Location of an International Holding Company Laurence Binge +44 (0)1372 471117 firstname.lastname@example.org www.woolford.co.uk
INTERNATIONAL OVERVIEW John Wilkinson SVP Sales & Products DE- C I X N G N L A U N C H E V E N T 2 Introduction XConnect provides secure, managed ENUM Registries and SIP based peering services to enable
DSV Air & Sea, Inc. Aerospace Sector DSV Air & Sea, Inc. Aerospace Introduction to DSV DSV is a global supplier of transport and logistics services. We have offices in more than 70 countries and an international
EU Data Protection Directive and U.S. Safe Harbor Framework: An Employer Update By Stephen H. LaCount, Esq. Overview The European Union Data Protection Directive 95/46/EC ( Directive ) went effective in
Energy Briefing: Global Crude Oil Demand & Supply November 6, 215 Dr. Edward Yardeni 516-972-7683 eyardeni@ Debbie Johnson 48-664-1333 djohnson@ Please visit our sites at www. blog. thinking outside the
Mondelēz International HelpLine Numbers March 22, 2013 There are many ways to report a concern or suspected misconduct, including discussing it with your supervisor, your supervisor s supervisor, another
ADVOC the international network of independent law firms About ADVOC ADVOC is an international network of independent law firms, sharing international expertise in jurisdictions across the globe Our member
TOMTOM BONUS INTERNATIONAL MAP INDONESIA PROMOTION HOW TO CLAIM a) To be eligible to claim, individuals must purchase an eligible TomTom GPS model (as stipulated below in Clause 11) from a participating
& McKenzie Software Tax Characterization Helpdesk Quarterly June 2008 Characterizing foreign software revenues is a complex challenge for large and small software firms alike. Variations in the rules around
Enterprise Mobility Suite (EMS) Overview Industry trends driving IT pressures Devices Apps Big data Cloud 52% of information workers across 17 countries report using 3+ devices for work Enable my employees
The contribution of UNCITRAL texts to paperless trade Luca Castellani UNCITRAL Secretariat The mandate of UNCITRAL The core legal body of the United Nations system in the field of commercial law. A legal
PENSIONS PROFILE DECEMBER 2011 TRANSFERS FROM AN OVERSEAS PENSION SCHEME = Summary A simplified guide to the process: 1. Individual requests transfer from their overseas pension scheme to their UK registered
YOUR FREE COPY - NEW - Additional countries outside European Union LEGAL WHITE PAPER International Compliance Legal requirements international einvoicing European Union & Selected Countries Worldwide International
An introduction to the World Federation of Occupational Therapists (WFOT) WHAT IS THE WORLD FEDERATION OF OCCUPATIONAL THERAPISTS? The key international representative for occupational therapists and occupational
NUCLEAR OPERATOR LIABILITY AMOUNTS & FINANCIAL SECURITY LIMITS AS OF DECEMBER 2009 The OECD Nuclear Energy Agency attempts to maintain the information contained in the attached table in as current a state
Triple-play criptions to rocket to 400 mil. Global triple-play criptions will reach 400 million by 2017; up by nearly 300 million on the end-2011 total and up by 380 million on the 2007 total, according
CMMI for SCAMPI SM Class A 2011 End-Year Update Software Engineering Institute Carnegie Mellon University Pittsburgh, PA 15213 1 Outline Introduction Current Status Community Trends Organizational Trends
U.S. Trade Overview, 213 Stephanie Han & Natalie Soroka Trade and Economic Analysis Industry and Analysis Department of Commerce International Trade Administration October 214 Trade: A Vital Part of the
Sybase Solutions for Healthcare Adapting to an Evolving Business and Regulatory Environment OVERVIEW Sybase Solutions for Healthcare Adapting to an Evolving Business and Regulatory Environment Rising medical
Senate Committee: Education and Employment QUESTION ON NOTICE Budget Estimates 2015-2016 Outcome: Higher Education Research and International Department of Education and Training Question No. SQ15-000549
The VAT & Invoicing Requirements Update March 2012 Indirect taxes are a massive potential expense. For buyers and sellers of goods and services, how invoices are prepared and processed can affect a company's
Make the invisible visible! SENSORS WITH EXCELLENT BACKGROUND SUPPRESSION photoelectric sensors Thanks to its vision for innovation and technological enhancement, Contrinex keeps on setting new standards
Novell Education CNE Progress Chart (CNE Certification Requirements and Test Numbers) (updated 18 October 2000) Prerequisite for all certifications In order to receive a Novell certification the candidate
Brochure More information from http://www.researchandmarkets.com/reports/1339929/ The 2011 World Forecasts of Machine Tools That Remove Material by Laser or Light, Photon, Ultrasonic, Electro-Discharge,
COST Presentation COST Office Brussels, 2013 COST is supported by the EU Framework Programme ESF provides the COST Office through a European Commission contract What is COST? COST is the oldest and widest
INFORMATION SHEET No. 126 Malta in International Tax Structuring February 2015 Introduction Malta is a reputable EU business and financial centre with an attractive tax regime and sound legislative framework.
BLUM Attorneys at Law CORPORATE TAXATION SYSTEM IN SWITZERLAND Outline of Swiss Corporate Tax System Levels of Taxation in Switzerland Resident companies are subject to: federal corporate income tax, and
Bankruptcy Systems and In-court Reorganisation of Firms, 2010 Content: 1. Perception of the Bancruptcy System... 2 2. Perception of In-court Reorganisation... 4 3. Perception of Creditor Committees, Fast
Quintiles, Inc. 1 Tables 1, 2, & 3 below list the existing and available translations for the TSQM v1.4, TSQM vii, TSQM v9. If Quintiles does not have a translation that your Company needs, the Company
PISA FOR SCHOOLS How is my school comparing internationally? Andreas Schleicher Director for Education and Skills OECD Madrid, September 22 nd PISA in brief Over half a million students representing 28
Configuring DHCP for ShoreTel IP Phones Network Requirements and Preparation 3 Configuring DHCP for ShoreTel IP Phones The ShoreTel server provides the latest application software and configuration information
Brochure More information from http://www.researchandmarkets.com/reports/3278449/ The 2016 World Forecasts of Hand-Operated Date, Sealing, or Numbering Stamps; Devices for Printing or Embossing Labels;
MALTA TRADING COMPANIES Malta Trading Companies Maltese Registered Companies and Trading Operations in Malta Malta, an EU Member State since May 2004, has developed into a leading and reputable financial
The Process. A simple guide to explain the background, terminology and procedure for Legal and Regulatory Affairs documentation. cdn-consular.co.uk Notary Public Information A Notary Public is a qualified
Fall 2015 International Student Enrollment Prepared by The Office of International Affairs Nova Southeastern University Nova Southeastern University International Student Statistics Fall 2015 International
DIRECT MARKETING STRATEGY Web & Software Development Services Document created by : Rakesh Negi Business Development & Market Research Consultant New Delhi, India Skype: rakesh_negi1 MSN: email@example.com
DuchenneConnect www.duchenneconnect.org 1 What is DuchenneConnect? Web based patient self report registry to link the resources and needs of the Duchenne/Becker muscular dystrophy community, including:
International Higher Education in Facts and Figures Autumn 2013 UK Higher Education International Unit International higher education in facts and figures covers the majority of the UK higher education
Planned Healthcare in Europe for Lothian residents Introduction This leaflet explains what funding you may be entitled to if you normally live in Lothian (Edinburgh, West Lothian, Midlothian and East Lothian
Building on +60 GW of experience Track record as of 31 December 2013 Can data and analysis make a difference on turbine performance? Proven technology. For Vestas, it is more than a saying it is something
Editorial for Summer Edition of the SOCIETAS ET IURISPRUDENTIA 2015 Dear readers and friends, let me introduce the second issue of the third volume of SOCIETAS ET IURISPRUDENTIA, an international scientific
International aspects of taxation in the Netherlands Individuals resident in the Netherlands are subject to income tax on their worldwide income. Companies established in the Netherlands are subject to
Consumer Credit Worldwide at year end 2012 Introduction For the fifth consecutive year, Crédit Agricole Consumer Finance has published the Consumer Credit Overview, its yearly report on the international
IFI 2011-2013 SPONSOR & PARTNER OPPORTUNITIES CELEBRATING 50 YEARS IFI practice. The International Federation of Interior Architects/ Designers (IFI) is the global voice and authority for professionals
THE LOW INTEREST RATE ENVIRONMENT AND ITS IMPACT ON INSURANCE MARKETS Mamiko Yokoi-Arai Current macro economic environment is of Low interest rate Low inflation and nominal wage growth Slow growth Demographic
8 h 2010 Motion Graphic Design Census 10 hrs. motiongraphicdesigncensus.org 9 hrs. A Note on the Survey. First, let me apologize for the delay in getting this actually done and out to you. I bit off much
- Assessment of the application by Member States of European Union VAT provisions with particular relevance to the Mini One Stop Shop (MOSS) - BACKGROUND The information available on this website relates