Impatto della nuova regolazione europea in materia di identificazione elettronica e servizi fiduciari nell’ambito della contrattazione privata dotata di firma elettronica

Abstract

The main aim of the present study is to analyze the evolution and the current legal framework of a new institution within our national and communitarian legal system. We are talking about the electronic signature, an essential trust service which acquires a renewed vision as the direct consequence of the entry into force of the 910/2014 (EU) Regulation of the European Parliamentary and of the Council 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and its development normative. This new Regulation constitutes the fundamental legal framework from 2014 onwards in the sphere of the European Union as a consequence of the abolition executed by the Directive 1999/93/CE of the European Parliamentary and of the Council of 13 December 1999 on a Community framework for electronic signatures. More precisely, special attention will be given to the influence that this emerging legal context prints into the electronic contracting among individuals. Indeed, as essential information society service and its progressive relevance within the global and communitarian market, the electronic contracting needs a constant incorporation or renewal of elements such as the electronic signature that contributes to generate trust and security in the transactions that, under their own choice, take place throughout the participants’ consent related to the negotiating contents’ agreement.