Implementation of electronic signatures: a discussion on regulatory issues

Gururajan, Raj ORCID: (2005) Implementation of electronic signatures: a discussion on regulatory issues. In: 3rd Annual Conference on Information Science, Technology & Management (CISTM 2005), 24-26 July 2005, India.


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To address and facilitate the growth of activities in the area of e- and m-commerce, United
Nations produced a document called the UNCITRAL Model Law. Article 13 of the Model
Law describes the concept of 'attribution of data messages', a principal component in
ensuring authenticity and reliability of an electronic message. The purpose behind such
prescription is to ensure harmony among trading partners as the implementation of regulatory
framework in many countries is not uniform and bound by various jurisdictional issues.
While conducting transactions across borders, including state and national, trading parties
should be aware of various consequences of 'transmission of electronic messages' as there
may be profound implications to the parties when things go wrong due to technical problems.
When organizations trade on the Internet, especially to conduct transactions at international
level, the concept of electronic signatures is an integral part of transactions negotiated
through a data message. However, it appears that organizations have not yet comprehended
the full impact of various legislative procedures associated with the implementation of
electronic signatures as the enforcement of various issues with respect to this electronic
signature varies depending upon the context and situation. While the electronic signature
helps to identify a person who has been involved in a transaction electronically, due to
various technical issues, it is difficult to interpret who is the sender, how to authenticate the
signature, how the data message is transmitted, and the validity of enforceable issues.
This paper investigates aspects of United Nation's Model Law, Article 13, which deals with
electronic signatures. The discussion provided includes how electronic signatures are
interpreted in the context of a data message, the difficulties encountered in implementing
Article 13 in specific contexts due to regulatory frameworks and potential legal
consequences. The scope of this paper is currently restricted to 'discussion' only.

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Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed: Yes
Item Status: Live Archive
Additional Information: No evidence of copyright restrictions.
Faculty/School / Institute/Centre: Historic - Faculty of Business - Department of Information Systems (Up to 31 Mar 2007)
Faculty/School / Institute/Centre: Historic - Faculty of Business - Department of Information Systems (Up to 31 Mar 2007)
Date Deposited: 11 Oct 2007 00:16
Last Modified: 08 Jun 2016 06:27
Uncontrolled Keywords: electronic signatures, UNCITRAL Model Law
Fields of Research (2008): 15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150399 Business and Management not elsewhere classified
Fields of Research (2020): 35 COMMERCE, MANAGEMENT, TOURISM AND SERVICES > 3599 Other commerce, management, tourism and services > 359999 Other commerce, management, tourism and services not elsewhere classified

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