E Commerce And The Law Of Digital Signatures

In the past six years, more than 55 countries have begun adopting UNCITRAL's (United National Commission on International Trade Law) Model Laws of 1999 and 2001 regarding the use and validity of e-signatures. Dozens of pieces of legislation and legislative proposals now exist around the world on the subject of e-signatures. While the model laws may look the same on paper, in practice they can vary widely. Finally, you can be certain that your clients are in compliance when using digital signatures. The Center for International Legal Studies, in cooperation with UNCITRAL, has gathered experts in over 25 jurisdictions to analyze the impact of these standards in their respective domestic e-commerce regimes. These experts show how the Model Laws are actually implemented today in each of these countries. Now you can have on-the-ground feedback about how UNCITRAL's Uniform Rules on Electronic Signatures, the Model Law on Electronic Commerce 1996, and the Model Law on Electronic Signatures 2001 are being implemented. A must have reference for: - Any lawyer working on a business transaction or contract using the Internet to exchange forms - Government Lawyers - Intellectual Property Lawyers Topics covered include: - Application and enforceability of electronic transactions - Defining key terms, including 'writing, ' 'signature, ' and 'original' documents - Legal recognition of data messages - Formation of contracts - Attribution of data messages - Retention of data messages - Trustworthiness of e-signature - Electronic Commerce Analyzes the global impact of: - UNCITRAL's Uniform Rules on Electronic Signatures - Model Law on Electronic Commerce 1996 - Model Law on Electronic Signatures 2001

This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.

The contention that the provision of European Directives on functional legal requirements for digital signature validity solves a core problem of electronic commerce can at best be called naïve. The catch-phrase ‘what holds off line, holds online’ may be in tune with a general emotion towards the invasion of information technology into business; in this book it is made clear that there are no simple shortcuts for the lawyer who is concerned with authenticated digital transactions. The author first sets out to describe the main aspects of authentication technologies, presenting the technical insights needed to get to the legal semantics of functional equivalence between traditional and digital signatures. The second part of his research focuses on the usability of authentication technology and what it entails for its users. Aspects considered are: qualification as electronic signature; limitations of electronic signatures; the electronic signature as evidence; alternatives to electronic signatures; liability and the burden of proof; and, last but not least, privacy concerns. The research for this book is based on an in-depth literature study and interviews with highly qualified experts in the field. It provides valuable tools and background information not only for everyone active in or setting out on e-business in its widest concept, but also for practising lawyers and students of information technology. Dr. Maurice Schellekens is a senior researcher at the Center for Law, Public Administration and Informatization of Tilburg University. He specializes in technology law, with a special emphasis on ICT and law. This is Volume 5 in the Information Technology and Law (IT&Law) Series

Using case law from multiple jurisdictions, Stephen Mason examines the nature and legal bearing of electronic signatures.

Originally presented as the author's thesis (doctoral)--Freiburg (Breisgau), Universiteat, 2008.

The Law of E-Commerce E-Contracts , E-Business Electronic commerce raises some legal issues, including whether the contract must be in a particular form or authenticated; validity, time and place of communication; cross-offers and battle of forms. This book analyses the legal problems relating to contracts formed on the Internet, including the use of electronic agents, the enforceability of clickwrap agreements, electronic payments, and choice-of-law and jurisdiction issues. These issues are considered from the UK common law point of view and according to the SICG, UNIDROIT Principles, PECL, UNCITRAL Model Law, and the Uniform Commercial Code.

Electronic signatures are ubiquitous. Anyone sending an e-mail or using a credit card uses one. They can have a bearing on all areas of law, and no lawyer is immune from having to advise clients about their legal consequences. This third edition provides an exhaustive discussion of what constitutes an electronic signature, the forms an electronic signature can take and the issues relating to evidence, formation of contract and negligence in respect of electronic signatures. Case law from a wide range of common law and civil law jurisdictions is analysed to illustrate how judges have dealt with changes in technology in the past and how the law has adapted in response.

This book elaborates and updates a staff exchange that took place in 2001 among legal scholars from the Universities of Oxford and Leiden. Its insights represent some of the best-informed thinking on the legal aspects of this all-pervasive feature of contemporary society.