Electronic signature : what is the eIDAS regulation?

The eIDAS Regulation (electronic IDentification And Trust Services) is a regulation which concerns electronic identification and trust services which operate in electronic transactions within the internal market. This regulation aims to secure transactions on the internet. To do this, he establishes partnerships of trust. This article briefly explains the basics of this system.

The objectives of eIDAS

The eIDAS replaced the old European directive of 1999. It was adopted on July 23, 2014 and entered into force on July 1. It is therefore necessary first of all to clarify the difference between a regulation and a directive to begin with. Regulations are binding on all member states, without them having to create local law. A directive, on the other hand, is more binding and more imposing. The aim of eIDS is to create homogeneity among member states. To do this, it establishes a legal framework that standardizes the recognition of digital signatures such as electronic signatures on Word. This will result in the creation of a single market as the barriers to the functioning of electronic signatures will be lifted. EIDAS also aims to improve trust, which has always been a struggle to gain a foothold in long-distance business. Indeed, this new regulation guarantees a relationship of trust between the signatory parties.

Electronic signature in the public sector

The public sector is the first to be affected by this reform. In fact, from the first part, he talks about electronic identification systems within administrations. The aim of the European regulation is to give citizens the possibility of using a uniform electronic service, wherever they go, as long as they are within the European Union. EIDAS offers a new legal framework for electronic signatures and seals.

The distinction between a qualified signature and an advanced signature

Qualified electronic signature is a type of signature that has the same legal value as a handwritten signature. They can only be issued by a competent and qualified certification authority. An advanced electronic signature has the same criteria as a qualified signature except that the level of requirement is lower. For example, the issuance of the certificate, the manufacturing procedure and the verification of identity are less restrictive than in the case of the qualified signature.

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