The law on electronic signatures. Application in practice of esigning and its importance in electronic commerce

Abstract

People who do business on the Internet require security and trust. Inelectronic commerce and communication, you cannot be sure regarding the identityof the person with whom you are speaking. The legal framework regardingelectronic commerce has created in Albania the premises for a real revolution,regarding the way in which the business is organized. The problem is that thisrevolution has yet to come. The focus of this article will be the electronic signature,one of the most important innovations regarding the electronic commerce. Theelectronic signatures are electronic data, attained through specific informaticsprocedures that are used for security and trust in electronic business andcommunications.This article deals with the legal importance of signed documents and thedebate regarding the relevance of the electronic signature, with a specific focus onthe law and its practical application. The law recognizes three kinds of e-signatures:the simple electronic signature, the advanced electronic signature, and the qualifiedelectronic signature, but only the last one is regulated by the law.From the information attained at the National Authority on ElectronicCertification, after almost three years from the approval of the law, the use ofqualified electronic signature is in its first steps. This is not an astonishing fact if wetake in consideration the public knowledge in Albania regarding the e-signature.Considering the electronic signature a very effective tool in the improvement ofelectronic commerce in Albania, but also in the development of e-government, thearticle makes recommendations regarding the best practical uses of e-signature inpublic and private sector.