Electronic signatures and law
   HOME

TheInfoList



OR:

Worldwide, legislation concerning the effect and validity of electronic signatures, including, but not limited to, cryptographic
digital signatures A digital signature is a mathematical scheme for verifying the authenticity of digital messages or documents. A valid digital signature, where the prerequisites are satisfied, gives a recipient very high confidence that the message was created b ...
, includes:


Argentina


Ley Nº 25.506
(B.O. 14/12/2001).

(B.O. 20/12/2002).

(B.O. 13/06/06).

(B.O. 03/11/14).


Bermuda


Electronic Transactions Act 1999

Certification Service Providers (Relevant Criteria and Security Guidelines) Regulations 2002


Brazil



- 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



- Canadian law distinguishes between the generic "electronic signature" and the "secure electronic signature". Federa
secure electronic signature regulations
make it clear that a secure electronic signature is a digital signature created and verified in a specific manner. Canada'
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/English)
- 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. This law was revised on 23 April 2019 with immediate effect. The revision involves the deletion of the reference to land conveyancing transactions in Article 3, which provides for types of transaction exempted from the law. Accordingly, land conveyancing agreements can now be executed electronically.


Colombia


LEY 527 DE 1999 (agosto 18) por medio de la cual se define y reglamenta el acceso y uso de los mensajes de datos, del comercio electrónico y de las firmas digitales, y se establecen las entidades de certificación y se dictan otras disposiciones.

DECRETO 2364 DE 2012 (Noviembre 22) por medio del cual se reglamenta el artículo 7° de la Ley 527 de 1999, sobre la firma electrónica y se dictan otras disposiciones.Decree 333 of 2014
regulates accreditation procedures for Certification Entities, who certify digital signatures.


European Union and the European Economic Area

; The
eIDAS eIDAS (electronic IDentification, Authentication and trust Services) is an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market. It was established in EU Regulation 910/2014 ...
regulation. In the EU, electronic signatures and related trust services are regulated by the Regulation (EU) N°910/2014 on electronic identification and trust services for electronic transactions in the internal market ( eIDAS Regulation). This regulation was adopted by the
Council of the European Union The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
on 23 July 2014. It became effective on 1 July and repealed the
Electronic Signatures Directive The Electronic Signatures Directive 1999/93/EC was a European Union directive on the use of electronic signatures (e-signatures) in electronic contracts within the European Union (EU). It was repealed by the eIDAS regulation on 1 July 2016. ...
1999/93/EC. At the same date, any laws of EU member states that were inconsistent with eIDAS were also automatically repealed, replaced or modified. In contract to the aforementioned directive (which allowed the EU member states to interpret it and transpose it to their own law) the eIDAS Regulation is directly effective in all member states.


Before eIDAS

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. This Directive was repealed on 1 July 2016 and superseded by the
eIDAS eIDAS (electronic IDentification, Authentication and trust Services) is an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market. It was established in EU Regulation 910/2014 ...
regulation (see its article 48).
Commission Decision 2003/511/EC
adopting three CEN Workshop Agreements as technical standards presumed to be in accordance with the Directive * Implementing laws: Several countries have already implemented the Directive 1999/93/EC. ** Austria **
Signature Law, 2000
** Belgium **
Signature Law, 2001
** Czech Republic **
Act on Electronic Signatures, 227/2000
** Denmark **
Lov om elektroniske signaturer
** England, Scotland and Wales **
Electronic Communications Act, 2000
**
The Electronic Signatures Regulations 2002
** Estonia ***
Digital signature in Estonia Electronic signature allows users to electronically perform the actions for which they previously had to give a signature on paper. Estonia's digital signature system is the foundation for some of its most popular e-services including registering ...
**
Digital Signature Law, 2000
(in Estonian). **

** Finland *** ttp://www.finlex.fi/fi/laki/ajantasa/2009/20090617 Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä allekirjoituksista, 2009(in Finnish) ** France **
Articles 1363-1368 of the Civil Code
(French) ** Germany **

** Greece **
Presidential Decree 150/2001
(in Greek) ** Hungary **
Hungarian Act on Electronic Signatures 2001
** Iceland **

** Ireland, Republic of **

** Italy **
Decreto legislativo 7/3/2005, n. 82 (Codice dell'Amministrazione Digitale)
** Latvia **
Electronic Documents Law, 2002
**
Electronic Documents Law, 2002 (in Latvian)
** Lithuania **
Law on electronic signature, 2014 (in Lithuanian)
**
Law on electronic signature, 2002 (in English, not relevant in law)
** Luxembourg **
Loi du 14 août 2000 relative au commerce électronique, 2000
(in French) ** Malta **
Maltese Electronic Commerce Act 2001, last amended 2005
**Netherlands *

** Norway **

(in Norwegian). **Poland *
act_on_eSignature.pdf
**Portugal *
portugal_en.pdf
** Romania **

**

(unofficial translation) ** Slovakia **
Act no.215/2002 on electronic signature (in Slovak)
** Slovenia **
Electronic Business and Electronic Signature Act (in Slovene)
. ** Spain **
Ley 6/2020, de 11 de noviembre, reguladora de determinados aspectos de los servicios electrónicos de confianza (in Spanish)
** Sweden *
Qualified Electronic Signatures Act (SFS 2000:832) (in Swedish)
*
SFS 2000:832 in English translation


Ghana


The Electronic Transactions Act of Ghana, Act 772 of 2008


Guatemala


Ley para el Reconocimiento de las Comunicaciones y Firmas Electrónicas
(in Spanish)


India

*
Information Technology Act, 2000 The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. Secon ...


Indonesia


Art. 12 Law No.11/2008 on Electronic Informations and Transactions
, for general purposes.
Art. 97B Law No. 13/2022 in regards of Second Amendment of Law No. 12/2011 on Law Formulation
(in Indonesian), for government purposes.


Israel

* Electronic Signature Law, 5761–2001


Japan


Law Concerning Electronic Signatures and Certification Services, 2000 (in Japanese)


Korea


Digital Signature Act, Act No. 17354, jun. 9, 2020 (in English)
For reference only. No legal or official effect.
Digital Signature Act (in Korean)


Malaysia



(in Bahasa Malaysia).

(in English).
Digital Signature Regulations (P.U.(A) 359), 1998
(in Bahasa Malaysia).
Digital Signature Regulations (P.U.(A) 359), 1998
(in English).


Maldives


Electronic Transactions Act 2/2022
(in Dhivehi)


México


Law of Electronic Signatures (LFEA), 2012
(in Spanish)


Moldova


Lege cu privire la documentul electronic şi semnătura digitală, 15 July 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 th
LexisNexis
subscription-only website)


Peru


Ley Nº 27269. Ley de Firmas y Certificados Digitales (28MAY2000)


Philippines


Electronic Commerce Act of 2000


Russian Federation


Federal Law of Russian Federation about Electronic Signature (06.04.2011)


Singapore


Electronic Transactions Act


South Africa




Switzerland




Ukraine


Law On Electronic Digital Signature, 2003
(in Ukrainian), loss of validity on 7 November 2018.
Law On Electronic Trust Services, 2017
(in Ukrainian), valid since 7 November 2018.


United Nations Commission on International Trade Law




United States

* Uniform Electronic Transactions Act (UETA) * Electronic Signatures in Global and National Commerce Act (E-SIGN), a
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.


Case law

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) ( UETA 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-SIGN does not apply retroactively to contracts formed before it took effect in 2000. Nevertheless, the statute of frauds 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.)


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 a
Electronic Signature Law
since 2004. This law is stated in European Union Directive 1999/93/EC. Turkey has
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.tr
* E-Tugr
E-tugra.com
{{in lang, tr


References


''In re Piranha, Inc.''
WL 21468504 (N.D. Tex. 2003). Google Scholar.
''Cloud Corp. v. Hasbro, Inc.''
314 F. 3d 289 (US: Court of Appeals, 7th Circuit, 2002). Google Scholar.
''Legal framework''
(France: Chambersign France).


Further reading

* Srivastava Aashish, Electronic Signatures for B2B Contracts: Evidence from Australia (Springer, 2013) * Lorna Brazell, Electronic Signatures Law and Regulation, (Sweet & Maxwell, 2004) * J. Buckley, J. Kromer, M. Tank, R. Whitaker, The Law of Electronic Signatures, 2014-2015 Edition (Thomson Reuters, 2014) * Dennis Campbell, editor, E-Commerce and the Law of Digital Signatures (Oceana Publications, 2005) * Stephen Mason and Daniel Seng, editors, Electronic Evidence and Electronic Signatures (5th edition, Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London, 2021), open source at https://ials.sas.ac.uk/publications/electronic-evidence-and-electronic-signatures * M. H. M Schellenkens, Electronic Signatures Authentication Technology from a Legal Perspective, (TMC Asser Press, 2004) Cryptography law Computer law Signature