XVI GENERAL ASSEMBLY
Brussels, 4th December 2012
Scotland House: Rond-Point Schumann, 6 (8th floor)
Critical Observations on the Proposed EU Regulation for
Electronic Identification and Trust Services for Electronic
Transactions in the Internal Market
jos.dumortier@timelex.eu
Question (1)
In the Netherlands, as in other European Member States, the
civil law notary sends electronic copies of notarial deeds,
signed with the use of qualified electronic signatures (QES), to
the Registrar.
In some countries (like in Spain), the registrars issue the
qualified certificates supporting those QES themselves.
In other countries (e.g.: the Netherlands), the registrars do not
issue qualified certificates themselves. These registrars rely
on the services by a small number of Trusted Service Providers
(TSP`s).
Question (2)
Notaries and other parties (e.g. bailiffs) do not use a
qualified certificate, issued to themselves as a private
person, to send a copy of the deed (or seizure).
They use a qualified certificate , issued to them as a
notary/bailiff). In other words, there is a specific 'role':
'notary', 'candidate-notary', 'bailiff' added to the
certificate.
Question (3)
The TSP`s(in the Netherlands), while issuing a QES/
Certificate to a notary, do check whether a notary truly
is a notary.
When issuing a qualified certificate to a (candidate)
notary, the TSP asks the notary for specific proof.
The TSP wants to know whether the notary truly is a
notary, before issuing a qualified certificate with the
role: ‘notary’ to the notary concerned.
Question (4)
Once the qualified certificate is issued, the TSP`s, do not
check whether a notary still is a notary or whether the
notary is suspended or not.
It is possible that the notary is suspended after the issuance
of the certificate and that the certificate is still in use
because the TSP does not know about the suspension.
In fact, quite recently I found out that a notary used his
qualified certificate, while being suspended for several
weeks. Right now I am starting a disciplinary case against
the notary.
Traditional Context: Sign and Transmit
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At the end of last century, people were asking themselves:
How can we sign and transmit documents in the digital environment?
Since last decade we have understood that it makes no sense
to sign and to transmit electronic documents
Digital evidence
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The relevant question is: what happened ?
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In the context of digital processes we produce evidence by
registering what happens.
Not by exchanging signed documents!
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Now back to our initial question …
Policy Enforcement Model
Action
on
application
DENIED
User
Action
on
application
Policy
retrieval
Action
on
application
PERMITTED
Policy
Enforcement
( PEP )
Decision
request
Application
Decision
reply
Information
request/
reply
Policy Decision
(PDP)
Information
request/
reply
Policy
management
Policy Administration
( PAP )
Policy Information
( PIP )
Policy Information
( PIP )
Manager
Policy
repository
Authentic source
Authentic source
Transition
Transmission of electronically
signed documents
Jos Dumortier
K.U.Leuven / iMinds
Sint-Michielsstraat 6
B-3000 Leuven
(t) +32 (0)16 32 51 49
www.icri.be / jos.dumortier@law.kuleuven.be
Jos Dumortier
time.lex - Information & Technology Law
Congresstraat 35
B-1000 Brussel
(t) +32 (0)2 229 19 47
www.timelex.eu / jos.dumortier@timelex.eu
13/04/2015
Bull Executive Roundtable - Legal Digital
Archiving
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