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INITIATIVE: UNCITRAL's Model Law on Electronic Signatures
Description
As described on the UNCITRAL website: "The Model Law, adopted in 2001, is intended to bring additional legal certainty regarding the use of electronic signatures. Building on the flexible principle contained in article 7 of the UNCITRAL Model Law on Electronic Commerce, it establishes a presumption that, where they meet certain criteria of technical reliability, electronic signatures shall be treated as equivalent to hand-written signatures. In establishing that presumption, the Model Law follows a technology-neutral approach and avoids favouring the use of any-specific technical product. In addition, the Model Law establishes basic rules of conduct that may serve as guidelines for assessing possible responsibilities and liabilities that might bind upon the various parties involved in the electronic signature process: the signatory, the relying party and trusted third parties that might intervene in the signature process." Why is this initiative significant?
In describing the purpose of this instrument, the Guide to Enactment indicates: "The risk that diverging legislative approaches be taken in various countries with respect to electronic signatures calls for uniform legislative provisions to establish the basic rules of what is inherently an international phenomenon, where legal harmony as well as technical interoperability is a desirable objective." This initiative reflects the tendency of economic integration to spur the harmonization of countries' laws. |
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