The International Legal Regulation Of A Digital Signature: Asia-Pacific Region Experience

Abstract

The article examines conceptual legal approaches to the definition of a digital signature and the experience of regulation of the conditions and procedure for implementing electronic document management using electronic signatures in certain countries of the Asia-Pacific region. The study of various conceptual approaches to the definition of a digital signature allows us to identify the principal features, functional purpose and legal nature of this phenomenon, which allowed the authors to formulate and propose the definition of the phenomenon in question as part of comparative legal analysis, the normative definitions of "digital signature" in the legislation of Japan, Singapore, People's Republic of China, South Korea are disclosed. Analysis of foreign experience in the legal regulation of relations arising in connection with the use of digital signatures in the implementation of electronic document management allows us to state a general trend at the national level of some APR countries, manifested in the widespread use of special means of electronic authentication of persons and their intentions regarding the assurance (confirmation) of established contracts. At the same time, unique (inherent exclusively to national legislation) features of the legal regulation of relations associated with the use of a digital signature are pointed out.