Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 1 ELECTRONIC SIGNATURE LEGAL FRAMEWORK & STANDARDISATION

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 2 ALTERNATIVE REGULATORY MODELS LISBON : SPRING 2000 : “the speed of technology change may require new and more flexible regulatory approach in the future” “set a strategy for further co-ordinated actions to simplify the regulatory environment” STOCKHOLM : Spring 2001 Commission in co-operation with relevant players : “to define strategy for simplified and quality regulators environments”

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 3 Challenges for new regulatory environment Need for balance Protection of public interest Improve functioning of Internal Market Promote economic efficiencies and innovation SOLUTION : New form of partnership - New Governance

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 4 Co-regulation Maintain and preserve political responsibility while allowing for flexibility Based on self regulation Part of co-operative agreement

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 5 Criteria for co-regulation Legal certainty : clear objectives, milestones, invitation for private sector to participate Consensus building process : openness, inclusiveness, transparency Milestones/Monitoring : final responsibility with legislator Fall-back regulatory actions

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 6 THE CASE OF ELECTRONIC SIGNATURES European policy: Directive 1999/93/EC on a Community framework for electronic signatures Objectives: Legal recognition of electronic signatures Internal market for e-signature products and services

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 7 Co-operation Private - Public sector Art. 3.5 “The Commission may, in accordance with the procedure laid down in Art. 9, establish and publish reference numbers of generally recognised standards for electronic-signature products in the Official Journal of the European Communities. Member States shall presume that there is compliance with the requirements laid down in Annex II, point (f) and Annex III when an electronic signature product meets those standards.”

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 8 However, the electronic signature Directive: Is not a New Approach Directive Does not foresee a direct relation with European standardisation Refers to “Generally recognised standards for electronic signature products” and not to European Standards (EN)

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 9 Is There A Role For Standardisation? Legal basis: Directive 98/ /48 (Services) Characteristics: openness, non discrimination, transparency, inclusive Organised network within Member States Clear links to global level

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 10 Standardisation Mandate Formal invitation by the Commission and Member States Addressed to European standardisation organisations Taking into account the global dimension WHY? How to take advantage from the European standardisation environment to implement the objectives formulated by the Directive?

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 11 Response Of The Stakeholders EESSI: European Electronic Signature Standardisation Initiative Objective: “Consensus building amongst stakeholders to facilitate the implementation of the Directive” Voluntary initiative Market led and inclusive: industry, service providers, consumers, academia, regulatory authorities Supported by consensus based standardisation processes No duplication Global dimension Self regulatory

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 12 What Is The Issue? EESSI deliverables need to: integrate market needs and market evolution while providing solutions to implement efficiently the Directive

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 13 Eessi Deliverables Vis-a-vis Requirements Set By The Directive Recognition to be given by Member States Ù Art 9. Committee Success depends on “relevance” Ù check points EESSI is a solution amongst others! Ù challenge

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 14 How To Check Relevance? Process and procedures: Are they open, inclusive, non-discriminatory, transparent? Are the deliverables publicly available? Are the Directive’s requirements adequately covered? Balance between Market players and Public interest: is there a win- win situation? How do the deliverables contribute to the internal market objectives (interoperability, global market) Awareness and support from Member States European conformance process and certification procedures

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 15 Eessi: A Platform To Streamline The Implementation Of The Directive? EESSI and co-regulation Co-regulation builds on self-regulation; EESSI is self-regulation Co-regulation in a domain where objectives are defined by law and solutions are offered by the market

Budapest May, 2001 Anne Lehouck European Commission, DG ENTERPRISE 16 CONCLUSION There is a legitimacy for self-regulation and we wish to further encourage and enhance self regulation as to leverage to the level of co-regulation.