Electronic signatures and their specificity in national and european regulations

• Author: Roxana Matefi
• Position: Transilvania University of Brasov
• Pages: 195-200

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 10 (59) No. 1 - 2017

ELECTRONIC SIGNATURES AND THEIR

SPECIFICITY IN NATIONAL AND

EUROPEAN REGULATIONS

Roxana MATEFI 1

Abstract: The paper aims to emphasize the particularities of the electronic

signature by reference to the national as well as to the European legislation,

trying to point out its utility in the business environment as well as the

controversies in this matter. The starting point of this analysis was the

Directive 1999/93/EC of the European Parliament and of the Council of 13

December 1999 on a Community framework for electronic signatures, which

establishes the legal framework for electronic signatures and the recognition

of certification-service providers. Its main aim was to ease its use and help it

become legally recognized within all EU countries.

Key words: handwritten signature, electronic signature, electronic

commerce, document in electronic format, transaction.

1. Introduction

The need for the recognition of the electronic signature was obvious and required,

mainly, by the business environment realities. At the European Union level, the

framework for electronic signatures was established by the Directive 1999/93/EC of the

European Parliament and of the Council of 13 December 1999 which was then

implemented by the EU member states.

In our country the Law regulating the matter of electronic signature was Law no.

455/2001 on the Electronic Signature which implemented the above mentioned

Directive.

2. The Electronic Signature and its Characteristics

According to the General Dictionary of Romanian language, the signature represents

“a person's name written by his own hand under the text of an act, of a letter, etc.”

(Breban, 1992, p. 937).

The use of our handwritten signature is “a part of several of our daily life activities such

as when signing for a courier delivery or when purchasing goods and services using

our credit card. In the business realm, a signature also plays a very important role (…)

however it is important to note that for the enforceability of such contracts and

commercial transactions, a signature is not a mandatory requirement under most laws,

1 Transilvania University of Braşov, roxana.matefi@unitbv.ro