E-Sign On The Dotted Line – The EU's New Rules On Electronic Identification

On 1 July 2016, a new EU Regulation establishing electronic identification and trust services for electronic transactions (the "eIDAS Regulation") kicks in. This will repeal Directive 1999/93/EC (the "E-signatures Directive"), which provided an EU framework for electronic signatures ("e-signatures") and has been in force in Ireland via the Electronic Commerce Act in 2000 (the "2000 Act").

Unlike the E-signatures Directive, which had to be implemented in national law (such as the 2000 Act), the eIDAS Regulation directly applies across all EU Member States and does not require national law to implement it. As a result, the eIDAS Regulation aims to provide a harmonised regulatory environment to enable secure and seamless electronic interactions between businesses, citizens and public authorities. The aim is to encourage user convenience, trust, and confidence in digital transactions and interactions. In short, the eIDAS Regulation will: