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.

Technology Independent

• The eSignature Directive (Directive 1999/93/EC) does not favour any specific technology.

 eSignature Directive Not Valid after June 2016

• Regulation EU/910/2014 (eIDAS Regulation) repeals Directive 1999/93/EC on the 1 July 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.

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