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2 ECRF survey - Electronic signature Mr Yves Gonner Luxembourg, June 12, 2009

3 Purpose of the survey on e-signature Electronic transmission of information between Registries and their customers has been one of the major challenges in the last years The purpose of the survey is to gather information on the implementation of e-signatures in European Registries The objective of this survey is to obtain an overall picture of electronically transmitted information in European Registries

4 Legal provisions in article 3, 3. §5 of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies. ‘Member States shall take the necessary measures to ensure that certification of electronic copies guarantees both the authenticity of their origin and the integrity of their contents, by means at least of an advanced electronic signature within the meaning of Article 2(2) of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures’

5 Structure of the survey The survey is based on two distinctive parts : Part 1 : Electronic transmission of information by customers to the Register – 14 questions Part 2 : Issuing of documents in electronic format by the Register – 5 questions Definitions used in the survey are consistent with those given in article 2 of Directive 1999/93/EC of the European Parliament and the Council of 13 December 1999 on a Community framework for electronic signatures

6 Definitions – Electronic signature ‘Electronic signature’ means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication; ‘Advanced electronic signature’ means an electronic signature which meets the following requirements: (a) it is uniquely linked to the signatory; (b) it is capable of identifying the signatory; (c) it is created using means that the signatory can maintain under his sole control; and (d) it is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable;

7 Definitions - Certificate ‘Certificate’ means an electronic attestation which links signature-verification data to a person and confirms the identity of that person; ‘Qualified certificate’ means a certificate which meets the requirements laid down in Annex I and is provided by a certification-service-provider who fulfils the requirements laid down in Annex II;

8 Survey 30 ECRF members were invited to participate in the survey 16 members responded

9 Part I : Electronic transmission of information by customers to Registers

10 14 out of 16 participants allow electronic transmission of information (data and / or documents) by customers to the Register → Voluntary : 9 → Mandatory : 2 → Both voluntary and mandatory : 3

11 7 participants accept electronic transmission of all types of formalities 7 participants accept limited transmission of certain types of formalities (one or more answers possible) :

12 During the last 5 years : -electronic filing has become mandatory in 2 member countries - 12 member countries have not withdrawn any paper based formalities In 2 member countries annual accounts will have to be transmitted electronically in the near future.

13 How do users deliver information electronically to the Register?

14 Authentication of users when delivering information electronically to the Register by Electronic certificate : 10 by User ID and password : 4 Electronic signing of information that is transmitted electronically by the customer to the Register 11 members out of 14 require that information transmitted to the Register is signed electronically → Advanced electronic signature : 10 → Electronic signature : 1

15 What kind of information needs to be signed by an electronic signature? Data (e.g. : XML message) : 6 Presentation and data (e.g. : pdf) : 10

16 What type of electronic certificates do you accept ? Certificate : 3 Qualified certificate : 9 None : 1 The requirement of using an electronic certificate is due to: A regulation that concerns your authority : 5 A national / governmental standard : 8 An EU standard : 3 Do you issue your own certificates or are 3 rd parties involved? Own certificate : 3 3rd party certificate : 9

17 Part II : Issuing of documents in electronic format by Registries

18 I ssuing of electronic documents to the public by the Registry - 13 members do issue electronic documents to the public → 8 members do not sign electronically the documents that they issue to their customers → 5 members do sign electronically the documents that they issue to their customers using an advanced electronic signature

19 I ssuing of electronic documents to the public by the Registry : -3 members do not issue any electronic documents to the public -3 member countries do not have an electronic signature available - 3 members issue their own electronic certificate that they use when signing documents that are issued electronically to the public

20 Issuing of electronic documents to the public by the Registry : ( one or more answers possible) Company profiles : 13 Scanned documents : 11 Certificates : 8

21 CONCLUSIONS - 87,5 % of members accept documents in electronic format from their customers - in 14,3 % of member states, electronic filing is mandatory -79 % of the members ask for an advanced electronic signature on the documents that they receive

% of members do issue documents in electronic form to their customers and 61 % do not sign these documents electronically, -those who sign electronically apply an advanced electronic signature issued by a qualified certificate

23 Thank you for your attention - Any questions ?