Digital signatures and law
Encyclopedia

Argentina


Bermuda


Brazil

  • Medida provisória 2.200-2 (Portuguese) - Brazilian law states that any digital document is valid for the law if it is certified by ICP-Brasil (the official Brazilian PKI) or if it is certified by other PKI and the concerned parties agree as to the validity of the document.

Canada

  • PIPEDA - Canadian law distinguishes between the generic "electronic signature" and the "secure electronic signature". Federal secure electronic signature regulations make it clear that a secure electronic signature is a digital signature created and verified in a specific manner. Canada's Evidence Act contains evidentiary presumptions about both the integrity and validity of electronic documents with attached secure electronic signatures, and of the authenticity of the secure electronic signatures themselves.

China


European Union and the European Economic Area


Ghana


Guatemala


Japan


Malaysia


Moldova


New Zealand


For an overview of the New Zealand law refer:
- The Laws of New Zealand, Electronic Transactions, paras 16-18; or
- Commercial Law, paras 8A.7.1-8A.7.4. (these sources are available on the LexisNexis subscription-only website)

Peru


Russian Federation

Federal Law of Russian Federation about Electronic Digital Signature (10.01.2002)

South Africa


Switzerland


United Nations Commission on International Trade Law


United States

  • Uniform Electronic Transactions Act
    Uniform Electronic Transactions Act
    The Uniform Electronic Transactions Act is one of the several United States Uniform Acts proposed by the National Conference of Commissioners on Uniform State Laws . Since then 47 States, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have adopted it into their own laws...

     (UETA)
  • Electronic Signatures in Global and National Commerce Act
    Electronic Signatures in Global and National Commerce Act
    The Electronic Signatures in Global and National Commerce Act is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into...

     (E-SIGN), at 15 U.S.C. 7001 et seq. The law permits the use of electronic signatures in many situations, and preempts many state laws that would otherwise limit the use of electronic signatures.

Uruguay

Uruguay laws include both, electronic and digital signatures:

Turkey

Turkey has an Electronic Signature Law TBMM.gov.tr since 2004. This law is stated in European Union Directive 1999/93/EC. Turkey has a Government Certificate Authority - Kamu SM for all government agents for their internal use and three independent certificate authorities all of which are issuing qualified digital signatures.
  • Kamu Sertifikasyon Merkezi (Governmental Certificate Authority) Kamusm.gov.tr
  • E-Güven (owned by Turkish Informatics Foundation) E-guven.com
  • Turktrust (owned by Turkish Military Force Solidarity Foundation) Turktrust.com
  • E-Tugra E-tugra.com


Turkey had a recent triumph in digital signatures and become the forerunner of mobile signature, that is, qualified signatures that are created using mobile phones. The leading GSM operator of Turkey, Turkcell, had developed the business model of this service for consumers first in the world.

Legal cases

Court decisions discussing the effect and validity of digital signatures or digital signature-related legislation:
  • In re Piranha, Inc., 2003 WL 21468504 (N.D. Tex) (UETA
    Uniform Electronic Transactions Act
    The Uniform Electronic Transactions Act is one of the several United States Uniform Acts proposed by the National Conference of Commissioners on Uniform State Laws . Since then 47 States, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have adopted it into their own laws...

     does not preclude a person from contesting that he executed, adopted, or authorized an electronic signature that is purportedly his).
  • Cloud Corp. v. Hasbro, 314 F.3d 289 (7th Cir., 2002) EMLF.org (E-SIGN
    Electronic Signatures in Global and National Commerce Act
    The Electronic Signatures in Global and National Commerce Act is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into...

     does not apply retroactively to contracts formed before it took effect in 2000. Nevertheless, the statute of frauds
    Statute of frauds
    The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract....

     was satisfied by the text of E-mail plus an (apparently) written notation.)
  • Sea-Land Service, Inc. v. Lozen International, 285 F.3d 808 (9th Cir., 2002) Admiraltylawguide.com (Internal corporate E-mail with signature block, forwarded to a third party by another employee, was admissible over hearsay objection as a party-admission, where the statement was apparently within the scope of the author's and forwarder's employment.)

Further reading


For books in English on electronic signatures, see:
  • Stephen Mason, Electronic Signatures in Law (Tottel, second edition, 2007);
  • Dennis Campbell, editor, E-Commerce and the Law of Digital Signatures (Oceana Publications, 2005);
  • Lorna Brazell, Electronic Signatures Law and Regulation, (Sweet & Maxwell, 2004);
  • M. H. M Schellenkens, Electronic Signatures Authentication Technology from a Legal Perspective, (TMC Asser Press, 2004).


For translations of electronic signature cases from Europe, Brazil, China and Colombia into English, see the Digital Evidence and Electronic Signature Law Review
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK