Moving towards a comprehensive legal framework for electronic identification as a trust service in the European Union
| Author | Hans Graux |
| Position | Affiliated researcher at the K.U. Leuven |
| Pages | 110-117 |
!∀
110
1
Hans Graux
2
Abstract: This pape r explores avenues for the creation of a legal framework for
electronic identification, specifically by tying this i nto the future development of the
European eSignatures Directive. It builds on the observation that the eSignature Dir ective
has largely been unable to support an internal market for certification service providers,
partially because it insufficiently considers the essential link between e-signatures and
ancillary services. Electronic identification is one of these ancillary services. The current
review of the Directive is an opportunity to remedy this issue. Based on this idea, this
paper examines the possibility of creating a comprehensive frame work for trust services,
that would also include electronic identification services.
3
1. Introduction
In recent years, e -signatures have enjoyed increasing attention at the European policy level. As such, this
is not surprising: both in the private and public sector, more and more sensitive transactions are conducted
electronically, increasing the need for mechanisms that enable trust. E-signatures are a primary example
of such a tool, given their stated purpose of serving as a method o f authentication.
4
Unfortunately, this increasing policy interest in e-signatures is largely caused by a relatively gloomy
observation: advanced e-signatures in the European Union and elsewhere function largely in the context
of closed public ke y frameworks. As long as a si gnatory remains within that specific context – e-banking
applications, national e-government services, and professional document management systems – the
policy framework established within that context provides clearly for any problems. But as soon as he
attempts to use a digital signature outside of that policy framework, digital signatures are virtually
unused.
5
This is a fairly disap pointing and sobering co nclusion for a tec hnology that was entrusted with
the seemingly simple task of replacing the hand written signature. Hand written signatures are at best a
moderately reliable authentication tool, whose value stems mainly from the fact that people have been
used to it for a long time, rather than from any objective security characteri stics and yet, modern
technology has failed to come up with a similarly simple, flexible and universally accepted e lectronic
equivalent.
1
Note: this discussion paper is largely based on a more comprehensive article called “Rethinking the e-signatures
Directive: on laws, trust services, and the digital single market”, which is planned to be published in the Digital
Evidence and Electronic Signature Law Review in the second half of 2011.
2
Hans Graux is an affiliated researcher at the K.U.Leuven – Interdisciplinary Centre for Law and ICT (ICRI –
www.icri.be), and a partner at the ICT law firm time.lex (www.timelex.eu) – Hans Graux, Vengerhof 8, 3360
Korbeek-Lo, Belgium
3
Supported by the ongoing study SMART 2010/008 ‘Feasibility study on an electronic identification, authentication
and signature policy (IAS)’. The EU have awarded the contract to DLA Piper, Brussels, supported by subcontractors
PricewaterhouseCoopers, SEALED, Studio Notarile Genghini and time.lex. The other of the present article is thus a
co-contributor to this study.
4
As stated in Article 2.12 of the e-Signatures Directive.
5
Dr Aashish Srivastava considered the problems of electronic signatures for his PhD, and some of his findings can be
found at ‘Businesses’ perception of electronic signatures: An Australian study’, Digital Evidence and Electronic
Signature Law Review, 6 (2009) 46 – 56.
To continue reading
Request your trial