The Legal Aspects of Digital Signatures

Résumé 0

In its recently adopted Communication, A European Initiative in Electronic Commerce (European Commission, Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the regions, 15.04.97, COM(97) 157: 13), the European Commission announced its intention to come forward with a specific initiative on Digital Signatures. This initiative will aim at ensuring a common legal framework encompassing the legal recognition of Digital Signatures in the Single Market, the setting up of minimum criteria for Certification Authorities, as well as pursuing worldwide agreements. Also, the European Parliament has invited the Commission to prepare as soon as possible legal provisions concerning information security and digital identifications (European Parliament Resolution A4-244-96 of 10.09.96, OJ320:164 of 28.10.96). The paper first wants to describe the need for secure authentication in cyberspace. Second it wants to analyze the legal situation in the different EU member states regarding the use, the implementation, and the legal acceptance of Digital Signatures and Certification Authorities. Finally, the keynote wants to compare the European vision with the Canadian legal and technical state of the art. The Canadian government is, indeed, currently developing guidelines for the introduction of digital signatures in Canada