Digital signatures and law
Encyclopedia
Argentina
- Ley Nº 25.506 (B.O. 14/12/2001).
- Decreto Nº 2628/02 (B.O. 20/12/2002).
- Decreto N° 724/06 (B.O. 13/06/06).
Bermuda
- Electronic Transactions Act 1999
- Certification Service Providers (Relevant Criteria and Security Guidelines) Regulations 2002
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
- Electronic Signature Law of the People's Republic of China (Chinese) - The stated purposes include standardizing the conduct of electronic signatures, confirming the legal validity of electronic signatures and safeguarding the legal interests of parties involved in such matters.
European Union and the European Economic Area
- European Union Directive establishing the framework for electronic signatures:
- Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures.
- Commission Decision 2003/511/EC adopting three CEN Workshop AgreementCEN Workshop AgreementA CEN Workshop Agreement is a reference document from the European Committee for Standardization . It is, by definition, not an official standard from the member organizations....
s as technical standards presumed to be in accordance with the Directive
- Implementing laws: Several countries have already implemented the Directive 1999/93/EC.
- Austria
- Belgium
- Czech Republic
- Denmark
- England, Scotland and Wales
- Estonia
- Finland
- Laki sähköisistä allekirjoituksista, 2003 (in Finnish)
- Germany
- Greece
- Presidential Decree 150/2001 (in Greek)
- Hungary
- Ireland, Republic of
- Italy
- Lithuania
- Luxembourg
- Malta
- Norway
- Electronic Signature Act, 2001 (in Norwegian).
- Romania
- Legea semnăturii electronice, 455/2001
- Law on the Electronic Signature, 455/2001 (unofficial translation)
- Slovakia
- Slovenia
- Spain
- Sweden
Ghana
Guatemala
- Decreto #47-2008: Ley para el Reconocimiento de las Comunicaciones y Firmas Electrónicas (in Spanish)
Japan
- Law Concerning Electronic Signatures and Certification Services, 2000 (in Japanese)
- Law Concerning Electronic Signatures and Certification Services, 2000 (unofficial English translation)
Malaysia
- Digital Signature Act (Act 562), 1997 (in Bahasa Malaysia).
- Digital Signature Act (Act 562), 1997 (in English).
- Digital Signature Regulations (P.U.(A) 359), 1998 (in Bahasa Malaysia).
- Digital Signature Regulations (P.U.(A) 359), 1998 (in English).
Moldova
- Lege cu privire la documentul electronic şi semnătura digitală, July 15, 2004 (in Romanian)
- Law about Electronic Document and Digital Signature (in Russian)
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 ActUniform Electronic Transactions ActThe 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 ActElectronic Signatures in Global and National Commerce ActThe 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:- Concerning passwords or adequate information technology gestures
- Concerning electronic and digital signature and PKI
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) (UETAUniform Electronic Transactions ActThe 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-SIGNElectronic Signatures in Global and National Commerce ActThe 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 fraudsStatute of fraudsThe 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
- eSignature Legal Wiki Online legal Wiki for eSignatures across the globe
- Digital signatures legislation across the world.
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