POLICIES:: eSignature:: Legislation:: Legislation
- Two Commission decisions related to Directive 1999/93/EC
- Commission Decision
2003/511/EC of 14 July 2003 on the publication of reference numbers
of generally recognised standards for electronic signature products in
accordance with Directive 1999/93/EC of the European Parliament and of the
Council.
This Decision gives the references of three generally recognised standards for electronic signature products which presume compliance with the qualified electronic signature.
- Commission Decision
2000/709/EC of 6 November 2000 on the minimum criteria to be taken
into account by Member States when designating bodies in accordance with
Article 3(4) of Directive 1999/93/EC of the European Parliament and of the
Council on a Community framework for electronic signatures [Official Journal
L 289 of 16.11.2000].
This Decision sets out the criteria that Member States must take into account when designating national bodies to evaluate the conformity of secure signature-creation devices.
- Communications of the Commission leading to the adoption of Directive 1999/93/EC
- Proposal for a European Parliament and Council Directive on a common
framework for electronic signatures /* COM/98/0297 final - COD 98/0191,
COM(1998)297 of
13.5.1998.
This Proposal aimed at ensuring the proper functioning of the Internal Market in the field of electronic signatures by creating a harmonized and appropriate legal framework for the use of electronic signatures within the Community and establishing a set of criteria which form the basis for legal recognition of electronic signatures.
- Ensuring Security and Trust in Electronic Communication. Towards a
European Framework for Digital Signatures and Encryption. Communication from
the Commission to the Council, the European Parliament, the Economic and
Social Committee and the Committee of the Regions.
COM(1997)503 of
8.10.1997
This Communication represents the first step towards the establishing of a common framework for digital signatures.
The Action Plan on e-signature & e-identification COM(2008)798 of 28.11.2008 addresses new issues raised by the adoption of the Services Directive 2006/123/EC and issues identified in the Commission report on the operation of the directive (see below).
- Report on the operation of the Directive COM(2006) 120 final
As foreseen in article 12.2 of Directive 1999/93/EC, the Commission reported on 15 March 2006 on the operation of the Directive COM(2006) 120 final.
The report indicates that EU Member States have implemented the general principles of the Directive. The Commission noted that transposition of the Directive into the legislation of the Member States has met the need for the legal recognition of electronic signatures. It therefore considers that the Directive's objectives have been fulfilled and that no need for its revision has emerged at this stage. The Commission nonetheless plans to consult the Member States and relevant stakeholders to address a number of issues, particularly on interoperability problems, technical aspects and standardisation.
The Commission noted that, in the event, there has been far less use of qualified electronic signatures than expected. The main reason for this is economic, in that service providers have little incentive to develop a multi-application electronic signature and prefer to offer solutions for their own services. A number of applications in the future might nonetheless trigger market growth, particularly in relation to eGovernment services.
- Study on the legal and market aspects of electronic signatures (2003)
The study analyses legal and practical issues concerning the implementation
of Directive 1999/93/EC and on the practical usage of electronic signature and
related services in the European market.
Last updated: 25.03.2011