Uses of electronic signature in Europe

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1 Presentation of the results of the research made by Agustí Cerrillo i Martínez Ana María Delgado García Jordi García Albero Miquel Peguera Poch Universitat Oberta de Catalunya

2 Overview of legal framework and practical uses of digital certificates in e-government

3 The effective use of electronic signatures in e- Government services is slowly increasing although at present it is still insufficient.

4 Trend to foster the use of the electronic signature: Strategies of electronic National Identity Cards containing digital certificates for authentication and signature purposes. Legislative initiatives to demand specific procedures to be carried out electronically Submitting invoices to Public Administration Submitting income taxes

5 Increasing the number of e-government services that admit digital certificates, usually maintaining the option of user-name and PIN

6 The increasing dissemination of digital certificates makes it more and more advisable for Public Administrations to offer the possibility to access e-government services via digital certificates

7 Electronic signature regulation is a basic issue to extend its use Electronic signature regulation allows to guarantee citizens and enterprises rights in front of Public administrations, at a time which ensures legal certainty. The lack of electronic signature regulation slows down the use of the electronic signature and implies legal uncertainty.

8 There are different ways of regulating the electronic signature 1) Electronic signature laws transposing European directive on electronic signature However, the electronic signature laws passed don t regulate the use of the electronic signature in Public administration specifically.

9 2) E-government laws There are just a few countries that have passed e-government laws

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11 3) Incorporate the use of ICT in Administrative procedure acts They only provide basic principles which are later developed by other rules They don t usually provide the use of an specific kind of electronic signature which make different electronic signature systems coexist

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13 4) E-procurement laws transposing European directives on public procurement Each country can provide different kinds of electronic signatures in e-procurement procedure Free access Login & password Qualified certificate 0 6 9

14 European countries that have passed laws regulating the use of ICT by Public administrations foresee the need to use of tools that guarantee electronic transactions

15 Those European countries which have a high level of electronic security have facilitated the use of the electronic signature to their Public admnistrations..

16 Lack of uniformed criteria within the framework of e-government

17 Fostering the use of electronic signatures in e-government The choice of a particular kind of electronic signature is normally linked to the risks analysis and the establishment of levels of security. Some examples show that digital signatures are required for services that involve certain level of risk or where the confidentiality of information must be preserved.

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27 However, there are also examples of lack of consistency, where e-government services are offered with little security requirements in terms of users identification.

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29 Recommendations

30 Political leadership as a motor of change

31 A right to use the electronic signature

32 Digital National Identification Cards

33 Users motivation

34 Multi-channel delivery of e-government services requires different kinds of electronic signatures with the same level of security

35 The electronic signature as a guarantee of legal certainty in electronic relations between Public administrations and citizens

36 The electronic signature to allow citizens and enterprises to enjoy its rights with confidence

37 Thank you!