The electronic Signature and the legal responsibility for its Authentication

Abstract

 ABSTRACT

This research focuses on electronic signature and the legal responsibility associated with its authentication, encompassing three main aspects. The first section discusses the concept of electronic signature, which refers to electronic data incorporated, attached to, or logically associated with an electronic transaction. It is used to verify the identity of the website and its consent to electronic transactions, as well as to detect any modifications made to the transaction after it has been signed. The research highlights that electronic signature possesses distinctive characteristics that differentiate it from traditional signatures. One of its key features is the ability to save time and effort while ensuring the expeditious completion of transactions, as it does not require the physical presence for electronic signature authentication. It can be performed from anywhere in the world. The second section of the research addresses the types of electronic signatures and their regulations. These types include signature with an electronic pen, where the message sender writes their personal signature using a specialized electronic pen on a computer screen through a specific program. This program captures and verifies the signature's authenticity. Encrypted signature, on the other hand, involves protecting information using encrypted algorithms, hash functions, and signatures. Other types include secret signature and biometric signature. It is essential to establish regulations that emphasize the importance of electronic signatures and support their usage. Therefore, certain legislations have implemented necessary controls to validate the authenticity of electronic signatures and recognize them as legally recognized means. For instance, the method utilized to create the signature must be linked solely to the signatory, without involvement from any other person. Consequently, it becomes evidence of the signatory's consent to the contents of the document and its provisions. The third section of the research delves into the legal responsibility associated with authenticating electronic signatures. It addresses the accountability of public employees who gain unauthorized access to personal information with the intention of forgery or theft, which is considered a criminal offense.

Key Words: Signature, electronic, the legal responsibility, Authentication, considered a criminal offense, Civil responsibility, criminal responsibility