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Basics of the electronic signature

Electronic signatures have developed significantly in recent years. Following the establishment of the legal framework conditions and security infrastructure, they have found increasing use in a wide range of application areas and commercial scenarios. Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (or eIDAS for short) came into force in 2014 and became fully applicable from 1 July 2016. It is intended to bring about extensive technical and legal harmonisation in relation to electronic signatures, seals and time stamps with support from the corresponding Commission Implementing Regulations.

The increasing spread and use of electronic signatures that is expected as a result of the eIDAS Regulation will make a significant contribution to the development of electronic business correspondence in e-government and e-business and electronic legal correspondence. This will provide new impetus for enhancing performance and competitiveness as well as for modernising and increasing the efficiency of the German economy and public administration.

However, the successful introduction and use of this key technology requires an interdisciplinary understanding of the complex interactions between legal, mathematical and technical methods and mechanisms. As such, this publication contains both a summary of the legal framework conditions relating to electronic signatures, seals and timestamps in Germany that is understandable for those from a technical background, as well as a description of the current status of technical research and development that is intended for legal practitioners and business administrators. In addition, it highlights examples of practical applications that are of particular relevance.

The publication makes reference in particular to: