Informal Debate on the Issues Relating to Terminology and Clarification of Concept in Respect of the EU e-Signature Legislation
Authors
Stephen Mason
Barrister. This Report was requested by the European Commission under the terms of the e-ID Compass Project: Advice on key issues related to the E-signature Directive Revision (relevant for the IPTS Knowledge Repository eID Compass) – appointment number 152391-2011 A08-UK. The EU approved the Final Report on 2 November 2011.
The aim of this paper is to provide a high level analysis of (i) the three forms of electronic signature addressed by the Directive, “simple”, “advanced” and “qualified”; (ii) the definition of “the signatory”; (iii) the definition of “secure signature-creation-devices” (SSCDs), and (iv) the meaning of “e-Signature in the public sector”, incorporating definitions of legal terminology from a number of Member States that has led to different terminology or to different effects in the implementation of the eSignature Directive. Consideration is also given to the different solutions advanced at national level, and how these might constitute best (or worst) practices to be taken into account at European level. The paper provides critical views on the definitions and offers a commentary on the advantages and drawbacks of the current Directive. It highlights other possible options and proposals, and provides suggestions for improvement while assessing the consequences of these suggestions for the future of e-Signature and of the IAS framework as a whole.
