A reliable system of electronic signatures that work across EU countries is vital for safe electronic commerce and efficient electronic delivery of public services to businesses and citizens. In the past only hand-written signatures were legally valid. The Directive on a Community framework for electronic signature (eSignature Directive) extended that recognition to electronic signatures.
The eSignature Directive established the legal framework at European level for electronic signatures and certification services. The aim is to make electronic signatures easier to use and help them become legally recognised within the Member States. The Directive does not favour any specific technology.
However, in order to ensure the security and legal validity of an electronic transaction in cross-border scenarios is the same as at national level, the eSignature was certainly important but not sufficient.
Other trust services are needed to ensure:
- time stamping: the date and time on an electronic document which proves that the document existed at a point-in-time and that it has not changed since then
- electronic seal: the electronic equivalent of a seal or stamp which is applied on a document to guarantee its origin and integrity
- electronic delivery: a service that, to a certain extent, is the equivalent in the digital world of registered mail in the physical world
- legal admissibility of electronic documents to ensure their authenticity and integrity
- website authentication: trusted information on a website (e.g. a certificate) which allows users to verify the authenticity of the website and its link to the entity/person owning the website
Without certainty on the legal validity of all these related services, businesses and citizens will remain reluctant to use digital interactions as their natural way of interaction because they will be unsure of the issue of a possible dispute.
This is the intention behind the eIDAS Regulation on electronic identification and trust services for electronic transactions in the internal market. The provisions applicable to trust services set by the eIDAS Regulation apply directly in all 28 Member States.