Thesis Chapter - 20 pages of text, 30 sources

"Regulation of eSignatures & dSignatures in US and Europe" - in support of a user centric approach.

The industrialized world seems to divide into two primary legal approaches:

1. Common Law Countries - where the legal system has supported the infrastructure, creation and use of electronic signature (hereinafter “eSignature”) solutions, and 

2. Civil/Continental Law Countries - where the legal system has supported the infrastructure, creation  and use offor digital signature  (hereinafter “dSignature”) solutions.

1. Common Law

1.1 Overview of Common Law countries (as represented by US) regulation of eSignatures & dSignatures

1.2 Best of breed technology solutions representing the common law system are from USA

1.2.1 Adobe’s EcoSign 

Summary of Legal basis of EcoSign signatures  

(Explained fully here: https://www.echosign.adobe.com/content/dam/echosign/docs/pdfs/EchoSign_E-Sign_Act_WhitePaper_ue.pdf)

EchoSign is E-Sign compliant—In the United States, Adobe warrants that EchoSign is fully compliant with the ESIGN Act of 2000. In addition, EchoSign complies with Australia’s Electronic Transactions Act, Canada’s Uniform Electronic Commerce Act (UECA), and the Electronic Communications Act 2000 (c. 7) in the United Kingdom.

1.2.2 Docu Sign

Summary of Legal basis of DocuSIgn signatures  

(Explained fully here: https://274a0e7125acf05720ef-7801faf96de03497e5e0b3dfa5691096.ssl.cf2.rackcdn.com/WhitepaperLegalityOfeSignatures.pdf)

 

1.2.3 Compare & Contrast Adobe EcoSign and DocuSigns services: legality of signatures, security, proofs etc

2. Civil/Continental Law Countries: 

Overview of Common Law countries (as represented by EU legislation and local laws of most advanced countries like Austria and Finland) regulation of eSignatures & dSignatures In the European union each country has created their own system for signatures. EU has tried to harmonize the laws through Directives. For example European Union has adopted a Directive 1999/93/EC "Community Framework for Electronic Signatures", which defines the requirements for digital signatures and certification service providers. The directive describes several categories of certification and digital signatures.  Significant is the fact thar based on the mutual recognition principle (mutual recognition of judicial decisions in the area of civil and criminal law) if a signature is considered authentic/“legal" in one EU country it must be accepted so in all EU member states. Therefore, the winner can come from any nation as long as it is able to attract enough attention in the EU.

2.1 Best of breed technology solutions representing the continental law system are from Austria and Finland.