Comments to the UNCITRAL Model Law on Electronic Signatures

Abstract

Electronic signatures, together with certificates, are offered as a substitutive solution of hand-written signatures for a wide scale electronic commerce. The use of these electronic authentication techniques has suggested the need for a specific legal framework to reduce uncertainties, specially regarding to the legal effect that may result from the use of such techniques. The risk of diverging legislative approaches taken in various countries calls for uniform legislative provisions to establish the basic rules of what is inherently an international phenomenon, where not only technical but legal interoperability is essential. So, these new legal issues should be addressed in an internationally acceptable legal framework. This is the objective of the UNCITRAL Model Law on electronic signatures (2001). The aim of this paper is comment and criticise the content of this Model Law, studying their different precepts. The paper concludes with some observations that show that the Model Law, although positive, presents important oversights.