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The EU Directive on Electronic Signatures—A Worldwide Model or a Fruitless Attempt to Regulate the Future?

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Abstract:

The Directive on a Community Framework for Electronic Signatures is an essential and important new legal standard for the regulation of electronic signatures. The following article describes this Directive and assesses whether this new legal framework will be an effective and successful worldwide model or whether it will be rather fruitless. While doing this, I will consider the implementation of the Directive into UK and German law. This will also reveal some possibilities of how the legal status of electronic signatures can or cannot and should or should not be regulated. Furthermore, I will refer to other acts, for example, the UCITA and UETA of the US and the Model Law on Electronic Commerce and Draft Uniform Rules on Electronic Signatures of the UNCITRAL. My result is that the EU Directive is to be approved in general. Only if one said that in an ever-changing world every law was premature or even that in an imperfect world every law was either insufficient or unnecessary, would it be consequent to decline regulation of electronic signatures completely. However, regarding the details, some provisions, for example, the possibility of introducing a voluntary accreditation scheme, are open to criticism.

Document Type: Research Article

DOI: https://doi.org/10.1080/13600860220136075

Publication date: 2002-03-01

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