Critical Observations on the Proposed Regulation for Electronic Identification and Trust Services for Electronic Transactions in the Internal Market

On 4 June 2012, the European Commission adopted a draft regulation "on electronic identification and trust services for electronic transactions in the internal market." The proposed legal framework is intended to give legal effect and mutual recognition to trust services including enhancing current rules on e-signatures and providing a legal framework for electronic seals, time stamping, electronic document acceptability, electronic delivery and website authentication. This article will present the main principles of this proposal and analyze whether – and, if so, how – these principles are a positive evolution from the currently existing legal framework regarding this matter. In many instances, however, it will become clear that the European Commission may have moved too hastily in drafting this proposal, resulting in a number of unclarities, inconsistencies and ambiguities