Signature Act (Austria)
Basic data | |
---|---|
Title: | Signature law |
Long title: | Federal Law on Electronic Signatures |
Abbreviation: | SigG |
Type: | Federal law |
Scope: | Republic of Austria |
Legal matter: | Commercial administrative law |
Date of law: | August 19, 1999 Federal Law Gazette I No. 190/1999 |
Effective date: | January 1, 2000 |
Last change: | BGBl. I No. 75/2010 |
Expiration date: | June 30, 2016 |
Please note the note on the applicable legal version ! |
The Austrian Signature Act (SigG) regulates the legal framework for the creation and use of electronic signatures as well as for the provision of certification services.
Austria was the first country to implement the EC Directive 1999/93 / EC of the European Parliament and of the Council of December 13, 1999 on a common framework for electronic signatures.
The signature law was specified in more detail in the signature ordinance 2008 (SigV 2008). The Signature Act differentiated between the (simple) electronic signature and the secure electronic signature , which essentially corresponds to the qualified electronic signature in Germany.
The Confirmation Agency Ordinance lays down criteria for determining the suitability of confirmation bodies. With the ordinance BGBl. II No. 31/2000 the suitability of the association "Center for Secure Information Technology - Austria (A-SIT)" as a confirmation body was determined. Rundfunk und Telekom Regulierungs-GmbH (RTR) is responsible for overseeing the providers of certification services and compliance with the statutory regulations on electronic signatures .
Amendment 2008
On January 1, 2008, an amendment to the Signature Act came into force, which among other things made the following changes:
- Essential provisions are only to be applied to providers of qualified certificates or qualified time stamp services. The only exceptions are the license-free certification services (Section 6 (1)), the provisions on data protection (Section 22) and the recognition of foreign certificates (Section 24).
- The term advanced electronic signature is defined explicitly (in accordance with the European Directive) and the term secure electronic signature is replaced by qualified electronic signature . The term secure signature creation unit is also included in the definitions.
- Signatories can not only be natural but also legal persons. However, qualified certificates can only be issued to natural persons; thus only natural persons can issue qualified electronic signatures.
- In addition to an official photo ID, other equivalent methods are also permitted for identifying persons, e.g. B. the identification via RSa letter or the recourse to identification already made in the past by a photo ID.
The aim of the amendment is to clarify and simplify the regulations in order to make the market more attractive for certification service providers and thus to promote the spread of electronic signatures; "Over-implementations" of the European directive should be eliminated.
Expires in 2016
The Signature Act and the Signature Ordinance expired on June 30, 2016.
Since then, the eIDAS-VO and the legal acts adopted on its basis (in particular the European implementing acts and the Signature and Trust Services Act , Federal Law Gazette I No. 50/2016 ) have been applied.
Web links
- RIS-BKA : Federal Act on Electronic Signatures (Signature Act - SigG) in the version dated June 30, 2016
- RIS-BKA: Ordinance of the Federal Chancellor on electronic signatures (Signature Ordinance 2008 - SigV 2008) in the version dated June 30, 2016
- RTR: List of certification service providers
- A-SIT: Legal basis for electronic signature
- Directive 99/93 / EC
- openlimit.com: Information on signature rights in Austria with numerous links
Individual evidence
- ↑ Archive link ( Memento of the original from September 22, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ http://www.parlament.gv.at/PG/DE/XXIII/I/I_00293/fname_090058.pdf#search=%22signaturgesetz%22
- ↑ § 20 SVG.
- ↑ Federal Act on Electronic Signatures and Trust Services for Electronic Transactions (Signature and Trust Services Act - SVG) as amended