OPTA registers first electronic signature provider

Legal certainty is to be improved in electronic transactions. OPTA’s registration of an electronic signature provider marks the final step of a new system which is designed to promote confidence in electronic business. Today Prof. Dr. J.C. Arnbak, Chairman of the OPTA Commission, handed over a registration certificate to PinkRoccade Infrastructure Services, B.V. PinkRoccade is the first business to be registered as such in the Netherlands for the provision of electronic signatures which have the same legal status as those written by hand.

This is the first time that OPTA has registered a provider since the Electronic Signatures Act came into force in May this year. The registration and regulation of businesses which issue electronic signature certificates is a new duty which has been conferred on OPTA. As part of the legal system governing electronic business, various parties are involved in boosting the confidence of end users. OPTA is a link in the chain.

According to the new legislation, an electronic signature has to comply with various reliability requirements before it can enjoy the same legal status as a handwritten signature on paper. Any business or organisation that wishes to use such an electronic signature must apply for one from a certification service provider such as PinkRoccade. A certification service provider guarantees that the relevant e-signature is that of the sender and also that the document concerned has not been modified en route through the Internet. Certification service providers, such as PinkRoccade, are required to register with OPTA. This can be done in two ways: with or without a seal of approval.

The method involving a seal of approval entails that a certification service provider will allow itself to be certified by an organisation which has been designated for this purpose by the Minister of Economic Affairs. In this case, OPTA will only conduct a limited assessment before proceeding with registration. PinkRoccade opted for this method. Since this procedure makes it possible to determine systematically whether all of the relevant requirements have been satisfied the certification service provider concerned may carry the TTP.NL seal of approval issued by the Electronic Commerce Platform of the Netherlands.

The method, which does not involve a seal of approval, requires the relevant certification service provider to fill in an application form and then submit it to OPTA. The latter will then use it to establish whether the applicant complies with the legal requirements.

One may conclude that a certification service provider complies with the legal requirements from the fact that he is registered with OPTA. However, registration with OPTA does not in any way mean that the latter guarantees the actual quality of a certification service provider or is liable in this respect. After a certification service provider has been registered, OPTA will see to it that this provider continues to comply with the relevant legal requirements. OPTA has the power to deregister any certification service provider that fails to comply with these legal requirements.