eConsent Considerations in Europe
Legal Framework for eSignatures
- The eSignature Directive (Directive 1999/93/EC) establishes the legal framework at European level for electronic signatures and certification services. The aim is to make electronic signatures easier to use and help them become legally recognised within the Member States.
- eConsent is a combination of eSignature (eID) and electronic trust services (eTS = electronic seals, time stamp, electronic delivery service and website authentication), which are inseparable when analysing the requirements needed to ensure legal certainty, trust and security in electronic transactions (European Commission: Digital Agenda – Trust Services & eID).
- If you wish to replace handwritten signatures with electronic signatures in Europe you need to comply with these regulatory requirements for eSignatures.
eSignature Directive Not Valid after June 2016
New eSignature Regulation from July 2016
- In accordance with Regulation EU/910/2014, a qualified electronic signature shall have the equivalent legal effect of a handwritten signature.