Abstract

In the digital age, the E-signature has replaced the handwritten signature. Since 1995, there have been three generations of E-signature law: the first mandated use of the digital signature, the second recognized the legal validity of all types of E-signatures, and the third recognizes all types of E-signatures, but gives preferred status to the digital signature. Albania’s Electronic Signature Law (ESL) is third generation; it recognizes all types of E-signatures, but favors use of the digital signature. Accreditation requirements are specified for Certification Service Providers (CSP), the issuers of certificates and verifiers to third parties that a digital signature is that of a specific subscriber. The CSP is responsible for maintaining the security of information that it receives from its subscribers. The CSP must inform the subscriber of any limitations on the use of the certificate. If an accredited CSP issues a qualified certificate, it must meet more stringent security requirements which can only be achieved with a digital signature. CSPs must maintain a publicly-accessible repository of certificates and the public keys which relying third parties can use to decrypt a subscriber’s message. A CSP may incur legal liability for publishing a certificate with inaccurate information or for not issuing a private key to the subscriber corresponding to the public key in the repository. The ESL allows certificates issued by CSPs in foreign countries to be recognized if they provide sufficient security. The author recommends that the following provisions be added to Albania’s E-Signature Law: (1) consumer protections for E-commerce participants; (2) several new computer crimes; (3) information technology courts; (4) mandatory E-government; and (5) explicit long-arm jurisdiction.

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