ELECTRONIC SIGNATURE
What about application of the electronic signature ?
With the development of electronic commerce has arisen the need to create a harmonised legal framework for implementing electronic signatures in EU Member States. Hence European Directive No.1999/93/EC of 13 December 1999 which was transposed into French law by Law No.2000-230 of 13 March 2000 and its implementing decree (Decree No.2001-272 of 30 March 2001).
The electronic signature has the same probative value as a signature in paper form if it meets two conditions, authentication and integrity :
Its author must be able to be identified reliably.
In addition, the document to which it refers must be drafted and kept in conditions that guarantee its integrity.
The decree sets out the technical conditions for ensuring process reliability in the eyes of the law.
When an electronic signature is certified it enjoys a presumption of authenticity, otherwise it constitutes only a commencement of proof.
In addition to putting in place the legislative framework, the standardisation institutes have also achieved the following :
The ISO has drafted a number of documents at international level.
A workshop on the electronic signature has been set up by the CEN, European Committee for Standardisation.