engleski

Electronic signature in legal theory and practice - new regulation

In the Republic of Croatia, electronic signature is subject to the regulation of a statute which regulate the implementation of European legislation on electronic identification and trust services for electronic transactions. The goal of the paper is to identify and estimate the new EU legislative framework for electronic identification and a new system of regulation and supervision for electronic service providers in the EU, which should stimulate electronic commerce and cross-border digital public services. This regulation places particular emphasis on the recognition of electronic identification means between Member States for cross-border authentication, personal data security and the supervision of qualified providers of trust services. Using the normative and institutional analysis of national legal source, as research method in the paper, has helped to identify the typical problems that arise in regulating electronic signature. We find that the results imply that, despite the optimism that using electronic signatures can have a significant impact on e- finance, cybercrime is a growing threat. Commercial operators only become aware that the electronic signature methods they use must be adequate and that certain criminals can even „break“ the two- degree authentication process. Professional users and consumers needs continuous education to keep pace with the fraudsters.

electronic signature ; manifestation of will ; authentication ; public key

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