Morrison & Foerster LLP
Focus on European Legislation (II)
- Wide variety of approaches in EU, from “prescriptive” (Germany, Italy), to “two-tier” (UK), to “minimalist” (Ireland)
- Likely three-tiered future structure for electronic authentication in Europe under Directive:
- “1st tier” under national laws (e.g., Germany) for public-law signature requirements, coupled with evidentiary presumptions
- “2nd tier” for “qualified” (Art. 5) signatures under the EU Directive
- “3rd tier” for others (e.g., SSL)
- Future focus to be on standards (EESI)