المسؤولية المدنية لمزود خدمات التوثيق الإلكتروني : دراسة تحليلية في ظل نصوص التوجيه الأوروبي بشأن التواقيع الإلكترونية و التشريعات المقارنة

الملخص EN

Due to the increasing number of electronic transactions, an urgent need has arisen to provide the legal infrastructure necessary to ensure confidence in such transactions.

Thus, it was necessary to find a mechanism to ensure the validity of the electronic signature and its attribution to the owner.

Indeed, this is the general role of the authentication authority or certification service provider.

In the exercise of this process, various kinds of relations can be established between the authority and the signature holder, on the one hand, and between the authority and the third party who relies on the electronic certificate, on the other hand.

The study deals with the civil liability of this authority due to breach of its duties which causes loss to the signature holder or third party.

The study specifically examines the adequacy of the Jordanian general rules of liability in this field and explores the need for special rules.

This is dealt with by looking at foreign laws such as European directives, English and French laws, Arab laws and the UNCITRAL Model Law on Electronic Signatures.

The study ends with a number of conclusions and recommendations, mainly, the inadequacy of the general rules for this field; and the need for the Jordanian legislature to enact legal provisions necessary to determine the obligations of the certification service provider and the legal nature of its responsibility.

The study also recommends that there should be a provision to the effect of achieving a legal balance by imposing the condition of reasonable reliance on the electronic authentication certificate.