1. "certification service provider" Electronic Signatures
Legal Status of Qualified Electronic Signatures 1
Definition according to section 2, paragraph 8 of the Electronic Signatures Act:
"certification service provider"
means
a natural or legal person
who issues
qualified certificates or qualified time stamps.
Electronic Signatures

2. Electronic Signatures2
Legal Status
What is different about qualified signatures?
- Validity model (sections 16 and 19 of the Electronic Signatures Act)
- Algorithms (specified annually)
- Hardware compulsory (non-repudiation)
- Long-term verifiability (at least 5/35 years)
National root certificate for accredited certification service providers only
- Quality mark for accredited certification service providers only
Electronic Signatures

3. Recognised evaluation and certification bodies Recognises BSI debis
Section IS 15
Electronic
Signatures
Recognised evaluation and certification bodies
Recognises
BSI
debis
TÜVIT
Publishes
Operates
Federal Gazette/ RegTP Official Gazette/Internet
Accredits
Accredits
Evaluation and certification bodies
Proposes
Certify compliance with the Electronic Signatures Act and Ordinance
National root
certification authority
Products
Algorithms
Algorithms
Certifies
Competent Authority's
keys
Certification service
providers
Security concept
- Products
- Management
- Staff, etc
Certification service
providers
Certification service
providers
Technical components
- Signature creation device
Directory service
Time stamp service
- Key generator, etc
Signature key holders

4. Electronic Signatures4
Legal Status
Enhanced quality through voluntary accreditation
Enhance the level of the certification services to be provided towards the levels of trust, security and quality demanded by the evolving market.
Electronic Signatures Directive, Recital 11
= Secure procedures, archivability, availability, etc
Voluntary accreditation
Article 2, paragraph 13 of the Electronic Signatures Directive
Section 15 of the Electronic Signatures Act
= Permission, setting out rights and obligations for the provision of certification services
and granted at the request of the certification service provider concerned by the
competent body.
The certification service provider is not entitled to exercise the rights and obligations
stemming from the permission until it has received the permission.
Competent
body
Right to operate as accredited provider
Permission
Application
Electronic Signatures

5. Electronic Signatures5
Legal Status
EU Directive for Electronic Signatures
Continental European Approach
Anglo-Saxon Approach
Prevention through
comprehensive pre-implementation checks for
- products,
technical, administrative and organisational
aspects of certification activities, and
reliability and specialised knowledge of staff.
Ensuring adequate minimum level of
- competition in the market, and
- liability.
Liability depends on
- ability and willingness to assume liability in cases of damage, and
- recognised cases of damage.
Development costs (evaluation of products and security concepts)
More time-intensive in initial stages
"Teething problem"
Long-term problem
Electronic Signatures

6. Legal Status Implementation in the Electronic Signatures Act6
Legal Status
Implementation in the Electronic Signatures Act
Unregulated area – section 1(2)
Qualified electronic signatures (section 2 paragraph 3)
- Certification service providers:
Certification service providers
granted
accreditation
(can be made mandatory
in the public sector)
Certification service providers
subject to
supervision
Legal status: equivalence with handwritten signatures
(section 126a of the Civil Code)
Unregulated area – section 1(2)
Electronic Signatures

7. electronic signatures Electronic Signatures7
Legal Status
"Equivalence" of
electronic signatures
Time horizon
Electronic Signatures Ordinance
16 November 2001
Amendment of Formal Requirements Act
1 August 2001
Electronic Signatures Act
22 May 2001
2001
Amendment of legislation requiring
writing as the legal form
2000
Evaluation of products, procedures
and acceptance bodies
1998
Developmental stage
(Act and Ordinance)
1996
Electronic Signatures