Electronic signatures: how to authenticate contracts by electronic signatures in the UK
and Some European Countries and developing Countries. Why we need international
harmonization in Electronic signatures?
In this century, Electronic commerce has become an important element for most
countries. Many jurisdictions around the world are considering enacting legislation to
develop Electronic Commerce. The most important element of e-commerce is contract.
How this contract can be made in electronic environment? Signature identified the party
and it makes safe and reliable environment for parties to make a contract. It is evidence
of the rights and obligations of the parties. In fact, Parties will adopt the content of the
contract with signatures. In the Common law, usually signatures are not necessary for a
contract to be concluded but what about other jurisdiction? However, in Electronic
environment many problems have aroused. What is E-signature and Digital Signature?
How to obliged e-contracts with e-signature? How to secure e-signature? Which Contract
can be made by Electronic Signature? And what is legal signature requirement for Esignature? Therefore, why is regulation introduced for this aspect of law? Why we need
International e-signature harmonization for making contracts? What’s happen if one
jurisdiction did not apply e-signatures? What needs to be evidenced of E-signatures?
On this dissertation, I am going to answer all of these questions with considering UK
laws1, Germany and European Electronic Signature Directive 1999. Moreover, I will
consider US laws and Iran civil law and Singapore. Therefore, I will respect UNCITRAL
model law.
1
Statutory Instrument 2002 No. 318, The Electronic Signatures Regulations 2002
I made my paper in two main Chapters which are:
Introduction and description of what is E-contract? (about 6 pages)
What is Electronic signature and Digital Signature? (1 page)
Methods for Obtaining Digital Signatures? ( 8 page)
Different Jurisdiction and International convention and model laws- how they
regulate E-signature? 60 Pages
UNCIRAL model law approaches.
European Electronic signature Directive 1999 - The provision of European Directives
on functional legal requirements for digital signature, furthermore, the provision of
European Directives on functional legal requirements for digital signature validity solves
a core problem of electronic commerce. I will discuss this issue.
“ABA Digital Signature Guideline” on 1 August 1996 , the American Bar Association
(ABA) Section of Science and Technology Law introduce a guideline about digital
signature. The guidelines were a product of a many lawyers and technical experts , it
have been adopted as the model for legislation by some states in the USA.
UK laws
In most of the contracts, English law does not require writing signature, but some statue
require to write signature. In this chapter the new statue “The electronic signature
regulation will be discussed”.
German Digital Signature Act, German Digital Signature act introduced on August 1997.
It was the fist digital signature in the world. It define digital signature. On this chapter,
how German regulate Digital signature would be discussed.
Iran regulation and laws – Making E-contract. Iranian has civil law which governs all of
the contracts. Recently, they introduce a bill which govern e-contracts.
Singapore Approach
Bibliography:
Definition of Signature
Oxford English Dictionary
Definition of Signature
http://www.answers.com/topic/signature
Definition of Signature
Webster dictionary
http://www.webster-dictionary.net/definition/signature
Articles:
What is a Signature? Chris Reed,
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2000_3/reed/
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2000_3/reed/footnotes/
Public Key Infrastructure Digital Signatures and Systematic Risk, Jamie Murray ,
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2003_1/murray/
Electronic Signatures and Associated Legislation
http://www.dti.gov.uk/industries/information_security/electronic_signatures_associated_l
egislation.html
Signature Stripping: A Digital Dilemma, Adrian McCullagh,
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2001_1/mccullagh/
Why use Digital Signatures for Electronic Commerce? John Angel ,
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/1999_2/angel/
Public Key Infrastructure Digital Signatures and Systematic Risk ,Jamie Murray,
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2003_1/murray/
Christina Spyrelli
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2002_2/spyrelli/
Proposals for a European Parliament and a Council Directive on a Common
Framework for Electronic Signatures´ (98/0191)Alistair Kelman ,
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/1998_3/kelman/
Proposals for a European Parliament and a Council Directive on a Common
Framework for Electronic Signatures´ (98/0191) Alistair Kelman
Defining Electronic Authenticity: An Interdisciplinary Journey ,by Jean-François
Blanchette
Digital Signatures, Certificates and Electronic Commerce, Brian Gladman, Carl
Ellison , Nicholas Bohm
A Method for Obtaining Digital Signatures and Public Key Cryptosystems, R. L.
Rivest, A. Shamir, and L. Adleman
Digital Signature Regulation and European Trends, Alexander Rossnagel
Electronic Signatures: A Transatlantic Bridge? An EU and US Legal Approach
Towards Electronic Authentication, Christina Spyrelli
Electronic Signatures and Associated Legislation, DTI
http://www.dti.gov.uk/industries/information_security/electronic_signatures_associated_l
egislation.html
An Analysis of International Electronic and Digital Signature Implementation
Initiatives,
Morrison & Foerster LLP, Chris Kuner, Rosa Barcelo, Steptoe & Johnson LLP
The regulation of Electronic Commerce learning from the UK's RIP act 2/10/2000
E-Signatures - Legal Issues , Paul Motion
Legal Aspects of Electronic Contracts, 6 June 2000 , Michael Gisler , Katarina
Stanoevska-Slabeva, Markus Greunz
Legal Aspects of Digital Signatures and Non-Repudiation, Ilja Ponka
Digital Signatures and the Public Key Infrastructure, S.M. van den Broek
Signatures: an Interface between Law and Technology, Ben Laurie ,Nicholas Bohm
Legislating to facilitate electronic signatures and records: Exceptions, Standards
and the impact on the statute Book,MARK SNEDDON,
http://www.austlii.edu.au/au/au/other/unswlj/thematic/1998/vol21no2/sneddon.ht
ml
Online Contracts And Electronic Signatures, Nick James
JOINT IDA-AGC REVIEW OF ELECTRONIC TRANSACTIONS ACT STAGE
II: EXCLUSIONS UNDER SECTION 4 OF THE ETA,
http://www.agc.gov.sg/pub_speech/Consultation%20Paper(StageII)(25.6.04).pdf
Electronic Contracts Under Canadian Law—A Practical Guide, Bradleyj .
Freedman
DIGITAL SIGNATURES: CAN THEY BE ACCEPTED AS LEGAL
SIGNATURES IN EDI? Patrick W. Brown
Dissertation: “in pace with the new Technologies: Electronic and handwritten signatures,
a functional equivalent approach that needs International harmonization”. Khajdoun
Nazer 12/9/2000
Dissertation: The use and legal recognition of digital signature in electronic commerce”
Dilimiti Evangelia 13/9/2001
Laws
Statutory Instrument 2002 No. 318, The Electronic Signatures Regulations 2002
Electronic Communications Act 2000 ,
German Digital Signature Law (SigG) ,Final Version, June 13, 1997,
http://www.kuner.com/data/sig/digsig4.htm
Iran Civil Law
Iran new bill on E-commerce
BOOKs
Electronic Signatures in Law
Stephen Mason, LexisNexis UK , - November 1, 2003
Electronic Signatures: Authentication Technology from a Legal Perspective v. 5
(Information Technology & Law S.) , M.H.M. Schellekens , Asser Press - August 12,
2004 Cambridge
Electronic Signatures: Law and Regulation (Special Reports)
Lorna Brazell ,Sweet & Maxwell , August 7, 2003
UNCITRAL Model Law on Electronic Signatures with Guide to Enactment 2001
United Nations , July 25, 2002
E-commerce: a guide to the law of electronic Commerce, Hammond Suddards Edge,
October 1, 2002
Internet Law: Text and Materials, Chris Reed, October 7, 2004