Electronic Signature Incentive for EU Integration

Dorina Asllani Ndreka

doi:10.5901/mjss.2015.v6n6p121

Abstract

People who do business on the Internet require security and trust. In electronic commerce and communication, you cannot be sure regarding the identity of the person with whom you are speaking. The legal framework regarding electronic commerce has created in Albania the premises for a real revolution, regarding the way in which the business is organized. The problem is that this revolution has yet to come. The focus of this article will be the electronic signature, one, of the most important innovations regarding the electronic commerce. The electronic signatures are electronic data, attained through specific informatics procedures that are used for security and trust in electronic business and communications. This article deals with the legal importance of signed documents and the debate regarding the relevance of the electronic signature, with a specific focus on the law and its practical application. The law recognizes three kinds of e-signatures: the simple electronic signature, the advanced electronic signature, and the qualified electronic signature, but only the last one is regulated by the law. Considering the electronic signature a very effective tool in the improvement of electronic commerce in Albania, being reflected in a more opened and developed market, the article makes recommendations regarding the best practical uses of e-signature in public and private sector, in order to help Albania for the EU integration. DOI: 10.5901/mjss.2015.v6n6p121

Highlights

Globalization and informatization are transforming our world
It is possible to find the motivation for analyzing the lack of practical implementation of the law on electronic signature in Albania, and to determine the possible solution for overcoming the existing barriers
They are based on industry standard known as Public Key Infrastructure (PKI), which guarantees data integrity and non-repudiation of documents and transactions

Summary

Introduction

Globalization and informatization are transforming our world. In response to the relationships constructed through the computer and that, appear on them, communications and business without borders require high legal and technical standards. Electronic communication includes the lack of physical presence of the parties, and the absence of a handshake, the symbol of business agreement, posing the need for alternative means in order to attain the same trust. This increasingly frequent use of new technologies for the formation, transmission, reproduction and storage of documents has prompted several states to recognize the legal validity of electronic documents and their value as evidence before the court law. Considering this technological and legal innovation crucial for the future development, of e-commerce, e-government and e-communication in general, this article takes, an in depth look at the legal aspects of the electronic signature

Electronic Documents and the New Way of Singing

Electronic Signature Legal and Practical Boundaries

Findings

Conclusion