Certified e-mail: singular's position compared to the rest of the world
October 4, 2008 Italy has, inter alia, the technological leadership in e-mail through the introduction of a unique system of certified electronic mail. Well, unique in that the former is entirely Italian, since no other country in the world has it. Beyond this short observation, among the most important aspects is that the signatures.
The certified e-mail requires the advanced electronic signature. Our legal system ignores the advanced electronic signature, since it was expressly repealed. Indeed, the EU Directive No 93/99, which regulates electronic signatures in Europe, identifies only two types of electronic signatures: a) the electronic signature (art. 2, 1) and b) the advanced electronic signature (art. 2, No 2 ). That Directive was transposed into Italian legislation with the Legislative Decree no. 10/2002 but this provision was repealed with the advent of the digital code. However, the same CAD refers to the art. 6:47 a certified electronic mail, creating a huge contradiction. In this process of evolution has changed the rules for electronic signatures: CAD ( Decree. No 82/2005 ) added only to the qualified electronic signature electronic signature and digital signature. Currently, then, following the rules (only CAD), there are three signatures including advanced electronics that is not covered. However, the Presidential Decree that regulates the certified electronic mail (or rather the use of) art. 9, paragraph 1, states that "the receipts issued by operators of certified mail are signed by them through an advanced electronic signature" and in paragraph 2 that "the transport envelope and 'signed with an electronic signature referred to in paragraph 1" . In essence, the validity of certified electronic mail - under Article. 4, last paragraph - it is necessary that managers sign receipts (sending and delivery) with an advanced electronic signature.
It seems that under current regulatory practices, the validity "to the effects of the law" of certified electronic mail can not be recognized as a missing element in our legal system's advanced electronic signature (sic). However, if you apply the legal principles concerning the hierarchy of sources you should refer to the European Directive No. 93/99 covering its advanced electronic signature. This, however, is to introduce into our law the figure of advanced electronic signatures, thereby entering the window that is out the door. From this it follows that the range of signatures from three to four with every imaginable consequence.
2 Responses to "Certified e-mail: singular's position compared to the rest of the world"
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Dear Colleague,
I read carefully your comments regarding the certified mail and digital signatures.
Post on my knowledge in the field I believe that today the only way to send an email with value in legal effect is to use the email address specified on the order? And for the digital signature?
Thanks anyway for the study on the subject.
AC
Under the current legislation (Article 4, paragraph 1, Presidential Decree 68/2005) certified electronic mail messages have legal effect. In fact, what is legally guaranteed the transmission / reception of the message to the server, respectively, sender / recipient. This is not the forum for further cogitation, but the PEC - by law - should "work" with the advanced electronic signature that, though, Italy is not covered by any standard. The mailbox to which you refer (the Order) likely to use the qualified electronic signature and digital signature, there is no difference between the two types, although both names are called safe or strong. For any further details are available.