Directive 1999/93 on a Community framework for
electronic signatures has now been published. As expected, it
applies the internal market principle of free movement to
facilitate the use of electronic signatures and to contribute to
their legal recognition. It expressly does not apply to aspects
related to the conclusion and validity of contracts or other legal
obligations where there are formal requirements under EC or
national law.
The Directive distinguishes between
“electronic signature” and “advanced electronic
signature”. The latter is uniquely linked to, identifies, and
is controlled by, the signatory, whereas the former serves as a
method for authentication through its link with other electronic
data. Four annexes set out the requirements for qualified
certificates, for certification-service-providers issuing qualified
certificates and for secure signature-creation device, and
recommendations for secure signature verification.
Member States are required by the Directive to
ensure that electronic signatures have the same effect as
hand-written signatures and are admissible on evidence, and that
signature-certification providers are liable for inaccuracies in
case of negligence.
Under the Directive, Member States are prevented
from making the provisions of certification services subject to
prior authorisation, but must apply national measures adopted under
the Directive to certify service providers and their services.
However, they are allowed to introduce voluntary accreditation
schemes aiming at enhanced levels of certification-service
provision. These schemes have to be notified to the Commission and
to the other Member States. The deadline for transposition of the
Directive by the Member States is 19 July 2001. The operation of
the Directive will be reviewed by the Commission in July 2003 (OJ
L13, 19.01.00).