3 rd Congress of the Notaries of Europe Brussels 2011.

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Presentation transcript:

3 rd Congress of the Notaries of Europe Brussels 2011

Notartel Notaries State Agencies and other resources

Federated Identity System Certified Electronic Digital Signature Searches (Real Estate, Companies …) Remote Filings Legal Databases E-learning Electronic Storage ….

Such an infrastructure supports (among many other services) filing with Business Registers and any other public register. XML is the solution of choice.

Nothing really new. These technologies have been in everyday use in several European notariats for a decade.

Which are the benefits of such an architecture?

A1A1 no need to run their own data entry facilities A2A2 data readily available for future uses 3333 no need to upgrade the system when new services are implemented For Administrations:

For Citizens: digital speed and digital convenience familiar interface: the notary, all around the country

For our Profession: what's good for both Citizens and the Administration is also good for us we are partners: we deploy our solutions and implement them with our own technical people

For everybody: we do not give up a single gram of legal certainty.

If we have digital signatures around, why Citizens cannot use them straight off ?

It can't be done, because digital signatures do not answer at least 3 questions notaries answer every day.

1. Who signed?

Stephen Mason (London Barrister) No form of electronic signature is capable of linking the use of a signature to a particular person. Unless the sending party confirms they sent the message or document with the signature attached, the recipient cannot determine whether the sending party authorized the use of the signature.

2. Did the signer fully understand the document? 3. Is the document lawful?

Brad Biddle (Phoenix, Arizona, Leader of the Global Legal Team, INTEL Corporation) Digitally-signed documents do not achieve the same assurances of genuineness that documents signed in the personal presence of a notary achieve, and should not be given the same legal status.

3 rd Congress of the Notaries of Europe Brussels 2011

It's just plastic !

Notartel società per azioni Ugo Bechini notaio in Genova, Italia