“Towards a european framework for digital signatures and encryption”: The european commission takes a step forward for confidential and secure electronic communications

Abstract

The growth of electronic communication depends on the ability of electronic messages to be confidential and secure. The need for confidentiality and security exists in a great variety of electronic communications, including, for example, electronic contracts (both business-to-business and business-to-consumer), electronic tax declarations, and electronic medical records. As described below, the main technological tools for ensuring the confidentiality and security of electronic communications are digital signature methods and encryption. On 8 October 1997, the European Commission took a step towards establishing a European framework for digital signatures and encryption by issuing a Communication entitled “Ensuring Security and Trust in Electronic Communication: Towards a European Framework for Digital Signatures and Encryption”. 1 The Communication is divided into three sections. First, it deals with the elaboration of a framework governing the entities that issue the certificates establishing the basis for digital signatures (so-called certification authorities) and the legal recognition of digital signatures. Second, it addresses encryption, including export control measures and law enforcement requirements. Finally, the Communication discusses the legal basis for a Commission initiative in these areas and the scope and timeframe of such an initiative. After providing an introduction to the relevant technology, this article will provide a brief description and analysis of the main topics discussed by the Communication, focusing particularly on digital signatures and certification authorities.