Legal information
The Digital Administration Code (Legislative Decree 82/2005 or 'CAD'), which came into force on 1 January 2006, represents an organic body of provisions governing the use of information technology as a privileged tool in relations between the Public Administration, citizens and businesses. In some limited cases, it also regulates the use of computerized documents in relations between private individuals.
On 25 January 2011,
the Legislative Decree No. 235/2010 came into force, which, in response to the need to adapt the CAD to technological evolution while maintaining a neutral and flexible approach to the tools used, amended it with impacts on the legal value of computerized documents, their digital preservation and, in general, their life cycle.
On 21 May 2013,
the Decree of the President of the Council of Ministers of 22 February 2013, concerning the Technical Rules on the generation, affixing and verification of advanced, qualified and digital electronic signatures, pursuant to Articles 20(3), 24(4), 28(3), 32(3)(b), 35(2), 36(2) and 71, was published in the Official Gazette No. 117.
On 17 September 2014,
the EU Regulation No. 910/2014 - eIDAS - came into force, aiming to provide an EU-wide regulatory basis for trust services and electronic identification means in the Member States.
In the eIDAS Regulation, particular importance is given to the full interoperability at EU level of particular types of electronic signatures and time validation systems known in Italy respectively as digital signatures and time stamps.
E-SIGNATURE TYPOLOGIES
The eIDAS regulation defines three typologies of e-signature
Simple Electronic Signature (SES)
Electronic data, included or connected through logical association to other electronic data used by the signatory to sign
Advanced Electronic Signature (AES)
A special type of e-signature that meets the following requirements:
It is univocally linked to the signatory;
It can identify the signatory;
It is created through data designed for the realization of an e-signature that the signatory can use under its exclusive control with a high security level;
It is linked to the data signed, in order to allow the identification of each modification of such data.
Qualified Electronic Signature (QES)
It is a special type of advanced signature with added features:
It is created on a device qualified for the creation of an electronic signature;
It is based on a qualified electronic certificate;
Its legal value is equal to that of a handwritten signature.
The KeFirma® suite includes all three types of electronic signature.
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LEGAL VALUE OF ELECTRONIC SIGNATURES
The eIDAS regulations state once and for all the non-discrimination principle between electronic documents and paper documents.
This means that on a trial, the legal effects of a computerized document and its acceptance as evidence cannot be negated on the basis of its being electronic, or because it does not satisfy the requirements of qualified electronic signatures.
The three typologies of electronic signature have a different legal value
Electronic signature
The computerized document, signed electronically, meets the requirement of handwritten signature and in case of a trial it is fully admissible as evidence, in consideration of its objective characteristics of quality, security, integrity, and immutability.
Advanced and qualified electronic signature
The computerized document signed with advanced e-signature, qualified (or digital) meets the requirement of handwritten signature and, according to Art. No. 2702 of the Civil Code, it has the same legal value of private contract signed by handwritten signature.
A private contract is always valid unless challenged by the party concerned through an interested subject by means of a writ of forgery in which s/he has the burden of proving the non-genuineness of the document by any means available.
KeFirma® is the perfect e-signature solution, either as independent solution or integrated into other software or business processes.
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ADVANCED E-SIGNATURE
Requirements for Advanced Electronic Signature solutions (AES) (Art. No. 56, Decree of the President of the Council of Ministers 22/02/2013)
Art. No. 56, par. 1, of the Decree of the President of the Council of Ministers of 22 February 2013, establishes that Advanced Electronic Signature solutions must guarantee:
Identification
The identification of the signatory for the document;
Univocal link
The univocal link between signature and signatory;
Exclusive control
The exclusive control of the signatory on the signature generating system, also including the biometric data used to create that signature;
Possibility to verify
The possibility to verify that the digital document signed was not edited after signing;
Signatory
The possibility for the signatory to collect evidence of the document signed;
AES solution
The indication of the subject providing the AES solution so as to use it in case of third party relations;
No modify
The absence of any element in the document signed that may modify the content, facts, or data described;
Signing the document
The univocal connection of the signature to the document signed.
KeFirma® meets all the requirements.
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ADVANCED E-SIGNATURE
Obligations for the subjects providing Advanced Electronic Signature (AES) services (Art. No. 57, Decree of the President of the Council of Ministers 22/02/2013)
Art. No. 57, par. 1, of the Decree of the President of the Council of Ministers of 22 February 2013, establishes that the subjects providing Advanced Electronic Signature (AES) solutions, in their relations with third parties, must:
Identify
Identify univocally the user through a valid identity document, inform him/her of the terms and conditions of the service, including the limitations (if any) to use, ensure that the service is active once the user signs a declaration of acceptance of the terms of service;
To preserve
Preserve for at least 20 years a copy of the ID document and the declaration of acceptance as per point a), as well as any other information suitable to demonstrate compliance with Art. 56, ensuring its availability, integrity, legibility, and authenticity;
Provide freely
Provide freely and free of charge the information as per point 2) if required by the signatory;
Inform
Release publicly the means through which the request as in 3) can be presented, also including this information on their website;
Disclose the characteristics
Disclose the characteristics of the system used to comply with the regulations described in Art. 56;
Specify technologies
Specify the characteristics of the technologies used and how they allow to comply with the regulations;
To publish
Publish the characteristics as per points 5) and 6) on their website;
Ensure support
Ensure, where possible, the availability of a service of withdrawal of consent to the use of the advanced e-signature solution, and of a help desk.
Moreover, to guarantee that advanced e-signature owners and third parties (if present) are protected from possible damage, the subjects providing AES solutions must have an insurance policy for civil responsibility to a minimum amount of € 500.000.
KeFirma® meets all the requirements.
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REQUIREMENTS FOR THE ADVANCED ELECTRONIC SIGNATURE PROCESS
The Advanced Electronic Signature process
The Advanced Electronic Signature is primarily a process that the legislator defined independently, beyond any technological aspect. That is why many technologies can be used to create an AES solution, but it is pivotal that an accurate implementation of the process by the solution provider is carried out.
More specifically, the requirements detailed in the regulations not dependent on technology must be considered.
The KeFirma® e-signature solution meets all the requirements for the Advanced Electronic Signature
You will be contacted by our staff for more information