20130911 oid dumortier_draft regulation


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20130911 oid dumortier_draft regulation

  1. 1. Draft EU Regulation: Will Signatures Disappear Anyway? Jos Dumortier
  2. 2. Draft EU Regulation 1. e-Identification 2. Trust Services
  3. 3. e-Identification: mutual recognition • idea: – if an online (government) service in a Member State requires access authentication by means of an e-ID, – then this service should be accessible for e-ID’s notified by other Member States
  4. 4. Trust Services • idea: – ?
  5. 5. Federal eSigning Service?
  6. 6. Art. 5.1 of the Directive “Member States shall ensure that advanced electronic signatures which are based on a qualified certificate and which are created by a secure-signature-creation device: a) satisfy the legal requirements of a signature in relation to data in electronic form in the same manner as a handwritten signature satisfies those requirements in relation to paper-based data; and b) are admissible as evidence in legal proceedings.”
  7. 7. So, why didn’t we use it? • too complex? • no services available? • not relevant in our jurisdiction? • national legislation is more flexible • regulating signatures is not sufficient (= only one part of the chain) • signatures are very often no longer needed
  8. 8. “4. If an electronic signature with a security assurance level below qualified electronic signature is required, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic signatures matching at least the same security assurance level shall be recognised and accepted. 5. Member States shall not request for cross-border access to a service online offered by a public sector body an electronic signature at a higher security assurance level than qualified electronic signature.” Draft Regulation: “access signatures”
  9. 9. “A qualified electronic seal shall enjoy the legal presumption of ensuring the origin and integrity of the data to which it is linked”. Draft Regulation adds:
  10. 10. “Qualified electronic time stamp shall enjoy a legal presumption of ensuring the time it indicates and the integrity of the data to which the time is bound.”
  11. 11. “A document bearing a qualified electronic signature or a qualified electronic seal of the person who is competent to issue the relevant document, shall enjoy legal presumption of its authenticity and integrity provided the document does not contain any dynamic features capable of automatically changing the document”.
  12. 12. “Data sent or received using a qualified electronic delivery service shall enjoy legal presumption of the integrity of the data and the accuracy of the date and time of sending or receiving the data indicated by the qualified electronic delivery system.”
  13. 13. But does it still make sense to sign and to transmit electronic documents
  14. 14. Traditional Context: Sign and Transmit 7/10/2013 16
  15. 15. In the context of digital processes we produce evidence by registering what happens. Not by exchanging signed documents! 17
  16. 16. Digital evidence 7/10/2013 19
  17. 17. 7/10/2013 20
  18. 18. Article 233 1. The authenticity of the origin, the integrity of the content and the legibility of an invoice, whether on paper or in electronic form, shall be ensured from the point in time of issue until the end of the period for storage of the invoice. Each taxable person shall determine the way to ensure the authenticity of the origin, the integrity of the content and the legibility of the invoice. This may be achieved by any business controls which create a reliable audit trail between an invoice and a supply of goods or services. New Approach: European VAT Directive
  19. 19. Now back to the initial question Let us doing it this way
  20. 20. Transmission of electronically signed documents LEGAL PRESUMPTIONS NO LEGAL PRESUMPTIONS Problem?
  21. 21. 7a. Removal of Manual-Ink Signatures and Their Electronic Equivalent When Possible “It is recommended that Governments and all organizations concerned with the facilitation of international trade procedures examine current trade documents to identify those where manual-ink signatures and their electronic equivalent could safely be eliminated and to mount an extensive program of education and training in order to introduce the necessary changes in commercial practices”
  22. 22. Jos Dumortier K.U.Leuven / iMinds Sint-Michielsstraat 6 B-3000 Leuven (t) +32 (0)16 32 51 49 www.icri.be / jos.dumortier@law.kuleuven.be Jos Dumortier time.lex - Information & Technology Law Congresstraat 35 B-1000 Brussel (t) +32 (0)2 229 19 47 www.timelex.eu / jos.dumortier@timelex.eu 7/10/2013 Bull Executive Roundtable - Legal Digital Archiving 27