With signature law (SigG or SigG 2001) the "law over basic conditions for electronic signatures and for the change of further regulations" becomes of 16. May 2001 designates, to 21. May 2001 in the BGBl." I, P. 876 was published and to 22. May 2001 into force stepped.

The signature law has the purpose to create basic conditions for electronic signatures. A goal is it to receive increased right security for the Internet-based course of business (E-Commerce). The signature law adjusts for this the market of the offerers of certification services, the certification service tenderer. This however only in as much as these so-called qualified certificates issue.

The signature law determines the requirements to these certificates and to their exhibitors. The certificates must have certain minimum contents, "§ 7 SigG. The offerers must the admission of their business concern with the federal net agency indicate and to the defaults of the law and the associated signature regulation appropriate security concept submit, "§ to 4 SigG. Issued certificates must adjusted into a at any time callable listing ("§ 5 SigG) and upon the requests of the owner, "§ 8 SigG become immediately closed. For errors a liability based on fault with burden of proof reversal exists, "§ 11 SigG.

Certification service tenderers can also at the authority be accredited let themselves, "§ 15 SigG. For this they must prove the security of the procedures used by them as well as the means used for signature production. Additionally they must waive the certificates issued by them for at least thirty years. Signatures, which are based on certificates issued by accredited offerers, are called in the literature "accredited signatures". They offer highest security.

The signature law does not determine legal consequences of the use of qualified signatures. This is rather that initially strongly disputed conception of the legislator according to the laws reserved, which place also otherwise certain form requirements. To call are the electronic form of the civil law in accordance with "§ 126 A BGB, which is the public right in accordance with "§ 3 A VwVfG and those of the procedural law, "§ 130 A ZPO.Ferner it enterprises under certain conditions permitted to make vat departure on electronically marked calculations valid "§ 14 exp. 4 UStG.Qualifizierte signatures, thus such signatures, which are based on qualified certificates, have the appearance of the authenticity on their side, "§ 292 A ZPO.

The federal net agency (before times adjustment authority for telecommunications and post office) is in accordance with "§ 3 SigG, "§ 66 TKG the responsible federal authority, which is awake over the adherence to the regulations.

In the year 2004 the signature law was amended. The Federal Government brought the draft of a 1 to 2004 on 1 July into the Bundestag (Drs. 15/3417). The law of change is to out-iron inconsistencies of the present signature law. Above all however it reacts to desires of the German banks. These want to offer even certification services, and so also their proof-legal position in on-line Banking to improve. Marked orders for order about can hardly abgestritten to become. The Federal Government expects from substituting the credit institutes and in such a way made possible EC-map with mark function a far spreading of the signature technology.

With a second, easily revised draft the Federal Government meets the criticism of the opposition at the first bill (Drs. 15/4172). Three questions were adapted in the sense of the criticism: During the filing of an application the certification service tenderer can already use existing data for identification with him (which concerns above all banks), the confirmation of the filing of an application can by E-Mail happen, and information of the certification service tenderer to third places such as authorities over the identity of a signature key owner are not compellingly free, "§ 14 SigG.

For the range of the advanced signatures with change "§ 2 exp. 9 of the SigG the necessary allocation from signature keys to the mark and the exhibition of a certificate were waived. For advanced signatures thereby also different identification procedures can be used, e.g. biometric signatures.

Thus changed the suggestion was accepted on 12 November 2004 by the Bundestag (BT-Prot. 15/139, P. 12831 f., BR-Drs. 931/04). The law of change is published in the federal law gazette 2005 part of I, P. 2. It came into force on 11 January 2005.

Last the signature law changed by the second law for the reorganization of the power industry law from 7 July 2005 (BGBl. I 2005, 1970), into force stepped on 13 July 2005. With this law the original "adjustment authority for telecommunications and post office (move TP) was renamed" in "federal net agency for electricity, gas, telecommunications, post office and railways (federal net agency)". This change was changed in "§ 21, not however in (central) "§ the 3 SigG. There the responsible authority is called according to this obvious mistake therefore still "adjustment authority"…".

Related links

• Homepage of the federal net agency (BNetzA)
• Legal text
• Andres/Huss, the electronic calculation in the German value added tax right
• BT-Drs." 15/3417 draft of the
• BT-Drs." 15/4172 changing second draft

Literature

• Commentating to the signature law and for signature regulation, in:
  • Manssen (Hrsg.), telecommunications and Multimediarecht. Erich Schmidt publishing house, Berlin, ISBN 3-503-04817-0
  • Rossnagel (Hrsg.): Quite the Multimedia services. C.H.Beck, Munich, ISBN 3-406-44463-6
  • Ultsch, in black/Peschel Mehner (Hrsg.): Quite in the Internet. Kognos publishing house Augsburg, ISBN 3-931314-04-9
• Skrobotz: "Lex Deutsche Bank": The In: Data security and data security (DuD) 2004, P. 410.
• Signature Perfect kg - manual electronic signature - pdf - free Download
• Kunstein, Florian: The electronic signature as component of the electronic administration - analysis of the legal framework of electronic communication with special consideration of the municipal administration - Tenea publishing house, Berlin 2005, ISBN 3-86504-123-X, Download as pdf document

Articles in category "Signature law (Germany)"

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