With the Digicash solution, the bank issues a serial number (encrypted code), which is equivalent to a digital signature, thereby offering immediacy of payment and privacy.

B. Specific legal issues and draft provisions on digital signatures

signed signed

The view was expressed that paragraph (3) was inadequate for the purpose of introducing the notions of public key infrastructure and verification of digital signatures and that paragraph (3) dealt instead with substantive matters that did not belong in the definition of digital signature .

The provision in paragraph 3 (b), however, would allow the court to consider the circumstances in which the signature had been affixed, thereby permitting something that fell short of a digital signature.

3. An electronic signature is considered to be reliable for the purpose of satisfying the requirement referred to in paragraph 1 if

There is, however, no contract or agreement for those two payments.

The Working Group discussed the definition of digital signature on the basis of the following draft provision

Your signature, please.

As to how such a principle might be expressed, a suggestion was made that paragraph (1) should be redrafted in the form of an irrebuttable presumption to the effect that the holder of a digital signature would be deemed to be the signer of a data message to which that digital signature was affixed.

This contribution is covered 50 per cent by the individual who concludes a contract and 50 per cent by the unit with which a contract has been concluded.

Furthermore, it was stated that the rule contained in paragraph (2) appeared to impose on users of digital signatures a burden that went beyond existing requirements with respect to handwritten signatures.

It was for the individual parties to check with the signatory whether a signature had been appended, and the signature derived its legal effect from the proven link between the signature and the signatory.

The total reimbursement figure for 1997 was expected to reach 270 million.

(a) Digital signature 30 38 10

Obligation Obligations are amounts of orders placed, contracts awarded, services received and other transactions which involve a charge against the resources of the current financial period.

In the past, contributions have come almost exclusively from parties and signatories to the Convention.

Draft paragraph 3 (b) was not intended to confer legal validity on an electronic signature but simply to make it the functional equivalent of a handwritten signature.

Signed

External Auditor

Initialled

Vienna, 14 June 2005

Stamp

Signature

Questions were also raised concerning the reference, in paragraph (3), to verification of the digital signature in accordance with procedures laid down by the certification authority.

It was suggested that a provision along the lines of paragraph (1) might need to distinguish between different kinds of digital signatures (e.g., the various levels of security performed by various algorithms, and the corresponding variation in the costs of digital signatures) and different circumstances under which digital signatures were used.

Subject to the deletion of the words to receive payment , the Working Group approved paragraph (8).

(i) The signatory knows that the signature creation data have been compromised or

Signed

Here, sign that.

Draft paragraph 3 concerning signatures had given rise to extensive debate on the relative advantages of the short provision used in the UNCITRAL Model Law on Electronic Commerce and the longer one that appeared in the UNCITRAL Model Law on Electronic Signatures.

1. The present Convention shall be open to all States for signature. Any State that does not sign the Convention before its entry into force in accordance with paragraph 3 of the present article may accede to it at any time.

1. Where signature creation data can be used to create a signature that has legal effect, each signatory shall

Paragraph (3), in turn, implied that digital signatures would only be reliable if they were capable of being certified with the assistance of a certification authority.

According to draft paragraph 3 (a), the essence consisted in providing a means of identifying the signing party and of linking that party with the document signed, as in the case of a handwritten signature, for which no further standard of reliability was imposed.

(b) The signature creation data were, at the time of signing, under the control of the signatory and of no other person

Simple Autocorrection

Exceptions

Signed Stefania Barbieri

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Text Label

(Signed) Nabil Ramlawi

(Signed) Yosef LAMDAN

(Signed) Miroslav MILOŠEVIĆ

(Signed) Noeleen Heyzer