在国内和国际商业与国际法中建立信任 [7]
论文作者:英语论文论文属性:短文 essay登出时间:2014-10-11编辑:zcm84984点击率:15437
论文字数:4372论文编号:org201409201245564576语种:英语 English地区:英国价格:免费论文
关键词:国际电子商务E-Commerce国际法LAW ESSAY电子签名技术
摘要:本文是一篇国际商业与国际法的留学生法律作业,为在国家和国际电子商务力图树立信心,电子签名已经成为大多数电子通信的重要组成部分。无论是在合同或交易的通信,发达国家和发展中国家都采取和实施各项准则和法规来规范使用电子签名。
the legal equivalence of all forms of electronic signature to hand written signatures and the legal admissibility of electronic signatures without any consideration of its electronic form as long as it meets the basic requirements of being a reliable method used to identify an individual, establish the signatory’s acceptance to content of data message. [68] It also provides that for an electronic signature to be duly secure, circumstances surrounding the authentication process will be considered extensively to comply with mandatory legal requirements. [69]
The law significantly makes provision to regulate the conduct of transacting parties. Article 22 regulates the conduct of the signatory and mandates the signatory to apply rational caution in ensuring accuracy of the signature, handle all forms of electronic signature with rational caution to prevent illegal access. In the event it happens, the signatory must notify other relying parties to the signature. [70] Also the law regulates the conduct of the certification authorities. They are expected to exercise reasonable care in relation to vital information needed to authenticate the signature before issuing a certificate and ensure that the certificates are readily available to relying parties [71] . It provides basic requirements that certification authorities must comply with in order to provide authentication services. [72] The law also provides assigned duties on certification authorities, among which includes an obligation to use trustworthy systems in providing authentication services, [73] disclose fundamental information regarding the certificate and a duty to revoke a certificate if the circumstances warrants that. [74] Relying parties are also regulated in accordance to the provisions of Rwandan law. [75]
It is worthy to note that the law gave electronic signatures and certificates issued in foreign jurisdictions the same legal effect and validity as electronic signatures in Rwanda irrespective of geographical location of signature or certificates as far as it recognizes international standards of application. [76]
In order to further regulate the activities of certification authorities and promote global recognition of electronic signatures and certificates, the Rwandan government created and authorized the ‘Rwanda Utilities Regulatory Agency’ (RURA) to supervise and regulate the activities of certification authorities. It is empowered to be the controller of certification authority and to provide general and specific guidelines to regulate certification authorities. RURA has been given the power to execute any provision of the law when the need arises. [77]
Without a doubt the current trend in regulating electronic signatures in both developed and developing countries has reflected different approaches. Nevertheless based on the recent legislations enacted efforts are being made all over the world to validate the use of electronic signature based on international standards and guidelines provided by the UNCITRAL model law and the EU directives on electronic signature. Rwandan law in particular reflects a more detailed legislation aimed at meeting international standard irrespective of economic constraints.
Recent laws enacted are adopting the two tier approach to encourage the use of other forms of electronic signature to catch up with technological advancement. But there is still a need for a harmon
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