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POLICIES :: eSignature :: Legislation :: International

Recognition of electronic signatures between EEA countries

The principle of recognition of electronic signatures, signature certificates and signature products between EU Member States and the other countries member of the European Economic Area (EEA), is governed by the incorporation of Directive 1999/93/EC in the Agreement on the European Economic Area, by virtue of Decision of the EEA Joint Committee n°66/2000 of 2.8.2000 amending Annex XI (telecommunication services) to the EEA Agreement.

Contracting parties of the EEA agreement are the 27 EU Member States and three EFTA countries, Iceland, Norway and Liechtenstein.

Recognition of electronic signatures between EU and third countries and international organisations

Recognition of signatures certificates from third countries and international organisations is provided for by paragraph 1 of article 7 of Directive 1999/93/EC on international aspects:

Member States shall ensure that certificates which are issued as qualified certificates to the public by a certification-  service-provider established in a third country are recognised as legally equivalent to certificates issued by a certification-service-provider established within the Community if:

(a) the certification-service-provider fulfils the requirements laid down in the Directive and has been accredited under a voluntary accreditation scheme established in a Member State; or

(b) a certification-service-provider established within the Community which fulfils the requirements laid down in the Directive guarantees the certificate; or

(c) the certificate or the certification-service-provider is recognised under a bilateral or multilateral agreement between the Community and third countries or international organisations.

As of today, no agreement has been signed under article 7.1.c (except for EEA countries - see above) and no cases of usage of articles 7.1.a or 7.1.b has been reported.

The European Commission plans organising starting in 2012 three exploratory seminars on trust in e-business transactions within the South Mediterranean Region - see attached fiche for details.

 

Last updated: 24.11.2011


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