eIDAS Regulation
Since July 2016, the eIDAS Regulation (Regulation N910/2014) on electronic identification and trust services for electronic transactions is applicable for all member states of the EU. This means that the regulation sets are applicable for Xolphin too. The Regulation provides a predictable regulatory environment for electronic identification and trust services. The reliability of all trust services in all member states is thereby guaranteed.
Electronic signature
The regulation ensures that per 1st July 2016 theĀ Qualified Electronic Signature (QES) is legally equal to a handwritten signature in all of Europe. Additonally, the Advanced Electronic Signature (AES) and the normal electronic signature will be recognized by law in all Europe. This means that no electronic signature can be refused, just for being electronic. Is an eSeal required? Than the corporation can also make use of an electronic signature of an authorized representative of the corporation.
An electronic signature of a corporation is not valid anymore from 1 July 2016. The electronic signatures may only be used by natural persons. By placing an electronic signature, the signatory accepts the signed content.
eSeal
A corporation has got the ability to place an eSeal, instead of the former electronic signature. An eSeal ensures the integrity and authenticity of sealed information. By placing the eSeal associated to the corporation, the eSeal is presumed to be binding to the corporation. Even more when it's a Qualified eSeal. A corporation that makes use of an eSeal is being advised to set up an internal control mechanism, to prevent misuse and to make sure only authorized signatories use de eSeal. Is an eSeal required for a transaction? Then the use of an electronic signature from an authorized representative of the corporation is acceptable too.
Website authentication
eIDAS introduces a new kind of website authentication certificate on European level. This is the Qualified Certificate. This certificate must meet the requirements of the eIDAS regulation en must be issued by a Qualified Trust Service Provider. A Trust Service Provider is only qualified if listed in the national Trusted Service Providers List of the supervisory body. In the Netherlands the supervisory body is the ACM. In contrast to the well known EV certificates, qualified website authentication certificates can also be requested by natural persons. The qualified website authentication certificate provides a higher legally binding status and higher security.
What does Xolphin offer?
Xolphin provides AES, the Advanced Electronic Signatures. This signature meets strict requirements and ensures the authenticity of the signatory, makes identification possible, is made by means only accessible by the signatory, and ensures the integrity of the content. The AES is not legally equal to the handwritten signature, but is recognized by law. The AES can be used by natural persons.
The legal information on this website is purely informative and meant to give an impression of the legal issues. No rights can be derived from its content.
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