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Elektronisk signatur jämförd med en traditionell namnteckning

Pettersson, Christer (2001)
Department of Law
Abstract
Electronic signatures allow software at the end of an electronic transaction to confirm the identity of the party initiating the transaction and to verify the integrity of the information received. The use of an electronic signature will begin a new era in the transition from old-fashioned pen-on-paper signatures to those that can be electronically created and stored. The Electronic Signatures Act, granted e-signatures the same legal standing as traditional ones, went into effect in the beginning of this year 2001. There is also an EU-directive, currently being finalised in Community institutions, that will facilitate the cross-border use of electronic signatures by laying down basic common requirements to be incorporated into national... (More)
Electronic signatures allow software at the end of an electronic transaction to confirm the identity of the party initiating the transaction and to verify the integrity of the information received. The use of an electronic signature will begin a new era in the transition from old-fashioned pen-on-paper signatures to those that can be electronically created and stored. The Electronic Signatures Act, granted e-signatures the same legal standing as traditional ones, went into effect in the beginning of this year 2001. There is also an EU-directive, currently being finalised in Community institutions, that will facilitate the cross-border use of electronic signatures by laying down basic common requirements to be incorporated into national law. The Electronic Signatures Act does not dictate that any particular technology to be used, leaving those choices to the marketplace. Now the parties to an electronic contract, agreement, or record have the ability to establish their own procedures and requirements when using or accepting electronic records and documents. Regardless of the method selected by users of electronic signatures, each document will retain the same legal effect, validity and enforceability of the traditional signature. Regarding the admissibility of evidence, the Act provides that in a judicial proceeding, a record or signature may not be excluded solely because it is in an electronic format. Under the terms of the legislation, consumers can choose to sign their contracts with a pen or a click. Electronic signatures can guarantee the identity of the parties as well as the identity and confidentiality of messages and the directive gives the Member states the legal framework to work within. This approach is designed to accommodate the dynamism of electronic signature technology where certificates and certification service providers are required. The directive does not cover the legal recognition related to the conclusion and validity of contracts or other non-contractual formalities requiring signatures. Therefore the directive does not harmonise national rules on contract law or other non-contractual formalities requiring signatures. This means that the various legislative bodies need to take into account the evolution of technology and maintain a readiness to implement new legislation as the need arises rather than responding years to late. This can be made by standardisation procedures and harmonisation laws. However, the new Act contains numerous exceptions and restrictions, which may limit the law's impact. Many hope this new law will accelerate the speed of transacting business, consumer confidence, and advance the general development and progress of the Internet. But it will be a good alternative to try to understand the legal problems behind some contractual solutions. Electronic signatures could mean cost savings and convenience for consumers, but questions about security, liability, fraud and contracts have to be worked out. (Less)
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author
Pettersson, Christer
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
IT-rätt
language
Swedish
id
1561291
date added to LUP
2010-03-08 15:55:27
date last changed
2010-03-08 15:55:27
@misc{1561291,
  abstract     = {Electronic signatures allow software at the end of an electronic transaction to confirm the identity of the party initiating the transaction and to verify the integrity of the information received. The use of an electronic signature will begin a new era in the transition from old-fashioned pen-on-paper signatures to those that can be electronically created and stored. The Electronic Signatures Act, granted e-signatures the same legal standing as traditional ones, went into effect in the beginning of this year 2001. There is also an EU-directive, currently being finalised in Community institutions, that will facilitate the cross-border use of electronic signatures by laying down basic common requirements to be incorporated into national law. The Electronic Signatures Act does not dictate that any particular technology to be used, leaving those choices to the marketplace. Now the parties to an electronic contract, agreement, or record have the ability to establish their own procedures and requirements when using or accepting electronic records and documents. Regardless of the method selected by users of electronic signatures, each document will retain the same legal effect, validity and enforceability of the traditional signature. Regarding the admissibility of evidence, the Act provides that in a judicial proceeding, a record or signature may not be excluded solely because it is in an electronic format. Under the terms of the legislation, consumers can choose to sign their contracts with a pen or a click. Electronic signatures can guarantee the identity of the parties as well as the identity and confidentiality of messages and the directive gives the Member states the legal framework to work within. This approach is designed to accommodate the dynamism of electronic signature technology where certificates and certification service providers are required. The directive does not cover the legal recognition related to the conclusion and validity of contracts or other non-contractual formalities requiring signatures. Therefore the directive does not harmonise national rules on contract law or other non-contractual formalities requiring signatures. This means that the various legislative bodies need to take into account the evolution of technology and maintain a readiness to implement new legislation as the need arises rather than responding years to late. This can be made by standardisation procedures and harmonisation laws. However, the new Act contains numerous exceptions and restrictions, which may limit the law's impact. Many hope this new law will accelerate the speed of transacting business, consumer confidence, and advance the general development and progress of the Internet. But it will be a good alternative to try to understand the legal problems behind some contractual solutions. Electronic signatures could mean cost savings and convenience for consumers, but questions about security, liability, fraud and contracts have to be worked out.},
  author       = {Pettersson, Christer},
  keyword      = {IT-rätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Elektronisk signatur jämförd med en traditionell namnteckning},
  year         = {2001},
}