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Critical Observations on the Proposed EU Regulation for Electronic Identification and Trust Services for Electronic Transactions in the Internal Market.

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Presentation on theme: "Critical Observations on the Proposed EU Regulation for Electronic Identification and Trust Services for Electronic Transactions in the Internal Market."— Presentation transcript:

1 Critical Observations on the Proposed EU Regulation for Electronic Identification and Trust Services for Electronic Transactions in the Internal Market XVI GENERAL ASSEMBLY Brussels, 4th December 2012 Scotland House: Rond-Point Schumann, 6 (8th floor)

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3 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 (1)

4 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 (2)

5 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 (3)

6 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. Question (4)

7 Traditional Context: Sign and Transmit 21/02/20147

8 At the end of last century, people were asking themselves: How can we sign and transmit documents in the digital environment?

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11 Since last decade we have understood that it makes no sense to sign and to transmit electronic documents

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13 Digital evidence 21/02/201413

14 The relevant question is: what happened ? 21/02/201414

15 In the context of digital processes we produce evidence by registering what happens. Not by exchanging signed documents ! 21/02/201415

16 Now back to our initial question …

17 Policy Enforcement Model User Policy Enforcement (PEP) Application Policy Decision (PDP) Action on application Decision request Decision reply Action on application PERMITTED Policy Information (PIP) Information request/ reply Policy Administration (PAP) Policy retrieval Authentic source Policy Information (PIP) Information request/ reply Policy repository Action on application DENIED Manager Policy management Authentic source

18 Transition Transmission of electronically signed documents

19 Jos Dumortier K.U.Leuven / iMinds Sint-Michielsstraat 6 B-3000 Leuven (t) +32 (0) / Jos Dumortier time.lex - Information & Technology Law Congresstraat 35 B-1000 Brussel (t) +32 (0) / 21/02/2014 Bull Executive Roundtable - Legal Digital Archiving 19


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