Legal conditions for cross border recognition of egovernment services

1
Legal conditions for cross border recognition of
e-government services

• Ain Järv, Estonia

2
Legal Aspects of Directive
3
Memorandum of Understanding

• Väestörekisterikeskus and AS
  Sertifitseerimiskeskus signed MOU in Oslo
  20.05.2003
• The Parties will make their best efforts to
  develop and follow the same standards and
  concepts, and try to unify their understanding
  and practices about ID cards and digital
  signatures.
• The Parties will cooperate to make legally
  binding digital documents a reality within and
  between Finland and Estonia

4
What are we talking about ?
all kinds of substitutes for legal signatures
security technology based on PKI
digital signatures
electronic signatures
electronic signaturesproduced with digital
signature technology
qualified e-signatures
5
Advanced e-Signatures

• Advanced electronic signatures for open user
  group that according to EU Directive1999/93/EC
  (framework for e-signatures) Article 5 should
  satisfy the legal requirements to be treated as a
  hand-written signature
• Qualified certificates (Annex I)
• Accredited certification-service provider (Annex
  II)
• Secure-signature-creation device (Annex III)

6
Open Issues

• Even when qualified certificates must be given
  equal legal effect in any EU-Member State
• Accreditation schemas are different and customers
  tend to trust their own CSP-s, notification dont
  always work ? contracts (incl. technical)
  between CSP-s?
• Member states may make the use of electronic
  signatures in the public sector subject to
  possible additional requirements (opening the
  service)? cooperation needed between G2G?
• The legislation concerning legal validity and
  practices of FINEID/ESTEID signatures need to be
  analysed and proved in reality

7
Common Practices

• Even when the appropriate legal framework does
  exist
• We do share the same understanding about digital
  identities, ID-cards and their standards
• There are no common practices about signed
  document standards, signing software and
  recognition of foreign documents
• For unifying the practices can be acheived only
  on a basis of practical implementations
• Good will and cooperation is needed on a basis of
  mutual agreements