On July 4th the draft of the technical regulations on electronic signatures in Italy was published on the Digit PA website. Following the procedure already in use, the draft will be submitted for public comment. Comments can be sent to: fea @ digitpa.gov.it. until July 19, 2011
As is already known, the new technical regulations will replace those technical regulations approved by the dpcm (Prime Ministerial Decree) of March 30, 2009.
The most important regulations are the following:
– provisions for various safe devices for generating qualified signatures and digital signatures respectively.
– Specific provisions for remote-signing.
-Legislation for the advanced electronic signature.
With regard to the advanced electronic signature in particular, technical rules have long been awaited to give content to Article. 21, paragraph 2 of the CAD.
Firstly, the draft specifies that the realization of advanced electronic signature solutions is free and not subject to any prior authorization. Thus, the provider is under no obligation to record advanced electronic signature solutions.
Secondly, there are two types of providers of electronic signature solutions: those who provide advanced electronic signature solutions for themselves and those who realize solutions for supply to third parties.
The advanced electronic signature is still technologically neutral and its solutions must ensure:
a) the identification of the signatory of the document; b) the unique connection of the signature to the signatory; c) the signatory’s exclusive control of the signature generation system; d) the possibility of verifying that the document has not been altered after been signed; e) the possibility for the signatory to obtain evidence of what has been signed; f) identification of the provider of the advanced electronic signature solutions.
There are any number of obligations for those who offer advanced electronic signature solutions, including that of precise identification of the user, of informing him of the precise terms and conditions relating to the use of the service, including any restrictions on its use, and of only activating the service following the signing by the user of a declaration of acceptance of the service conditions. There is one important exception for the field of health services in which the declaration by the user of acceptance of the service conditions provided for by paragraph 1, letter a) of this article can also be made orally, with the procedure of consent provided for by Article. 81 of Legislative Decree of June 30, 2003, no.196.
Finally, the managers’ duties of advertising and transparency regarding the technological solutions adopted and the obligations taken on by users have been made more stringent.