– „Simple” electronic signature
– Advanced electronic signature (Art. 2.2)

• Is uniquely linked to the signatory
• Is capable of identifying the signatory
• Is created with means under the sole control of the signatory
• Any subsequent change of the signed data is detectable
• Legal validity: must not be denied admissibility as evidence solely because it is in electronic form and is not a qualified signature.

– Qualified electronic signature (Art. 5.1)

• An advanced electronic signature that is based on a qualified certificate and
• Created with a Secure Signature Creation Device (SSCD)
• Legal effect: Has the same legal effect as a handwritten signature on a paper document in all EU Member States

– Basic requirements for qualified certificate and SSCD are included in the Annexes of the Directive.
– Services related to electronic signatures:

• Issuing of signature certificates (CA services)
• Time-stamping services
• Other services (electronic archival, consultancy etc.)

– Electronic signature products

• Hardware or software or component intended to be used by a service provider for electronic signature services or intended to be used for the creation or verification of signatures.

– No prior authorisation scheme is allowed for the start of service providers.
– Service providers established in an EU country may freely operate in the Internal Market.
– Signature products (including SSCDs) may also circulate freely within the Internal Market. (Certifications for SSCDs are also valid in all EU Member States)

– Member States must operate an effective system of supervision at least for CAs issuing qualified certificates to the public
– The use of electronic signatures in the public sector (e-government) may be restricted by further requirements
– Voluntary accreditation schemes

– CA must fulfill the requirements of the Directive and be accredited under a voluntary accreditation scheme in a Member State
– Another CA established in a Member State and fulfilling the requirements guarantees the certificate
– The certificate or its issuer is recognised under a bilateral or multilateral agreement between the EU and third countries or international organisations

– Minimum liability rules for service providers issuing qualified certificates to the public
– Data protection rules
– Role of the EU Commission, Article 9 Committee
– List of Generally Recognised Standards to ease interoperability

– EESSI (initiative of EU Commission)
– ETSI (TC ESI) -> documents related to policy, operation of electronic signature services
– CEN -> documents related to trustworthy systems
– Common Criteria Protection Profiles for electronic signature products
– ISO (documents pertaining to eg smart cards, information security management system)

– Services Directive (e-government services)
– Public Procurement (cross-border bidding)
– Electronic Invoicing (financial information exchange)

– Update of the list of „Generally Recognised Standards” (Commission Decision 2003/511/EC)
– Creation of Trusted Lists for easy and automated retrieval of information related to supervision systems, service providers and certificates (qualified certificates)
– Adoption of guidelines to help implementation of qualified signatures and advanced signatures based on qualified certificates in an interoperable way.

– Update of the country profiles on the use of electronic signatures in e-government applications
– Feasibility study about a federated validation service for advanced electronic signatures not based on a qualified certificate.
– Linking the results with tests of the validation service established in PEPPOL project (Public Procurement Online)

– Update of country profiles about the use of e-ID in e-government applications
– Specific surveys about the use of e-ID in the Member States
– Cooperation with the STORK Project (interoperability of e-identification for public services)
– Possibility of further actions if needed.

– Full members: Authorities responsible for supervision of electronic signature services and organisations responsible for voluntary accreditation schemes in EU Member States, Candidate Countries and EEA Member States
– Associate members: Similar organisations from other countries that have an interest in discussing the matters within the scope of FESA

– Facilitation of cooperation between members, harmonisation of their activities, adoption of common points of view in the dialog with other concerned institutions

– Consists of three members (Chair and two Secretaries)
– Is elected by the Assembly for a period of two years (possibility of renewal)

Thank you for your interest!

Dr. Szilveszter Ádám
Acting Chair of FESA
board@fesa.eu