النظام القانوني لشهادة التوثيق الإلكتروني : دراسة مقارنة

الملخص EN

A certificate of electronic authentication is an electronic document issued by a licensed or approved authentication authority that contains a set of data relating to the parties to the contract or certificate itself, which is intended to verify the authenticity of the electronic signature and to acquire it as the legal signature.

The electronic authentication certificate contains a set of data, including those related to the service provider, including the certificate owner, including the subject matter of the certificate, which are optional, including mandatory, which requires the service provider to include in the certificate.

As well as official and customary texts, and constitutes a reliable evidence of proof if a set of conditions stipulated by law are available.

The service provider immediately informs him of the death of the natural person or the expiration of the legal entity with the certificate revoking it immediately.

The electronic documentation of the contracts that are based on personal consideration, that it ends with the death of the natural person or the expiration of the legal person with the certificate.

The Iraqi legislator required the electronic authentication service provider to revoke the certificate in the event of error, fraud or illegal use.

As for the suspension of the work of the certificate, he has the option to suspend it or not.

National laws and international legislation are authentic and legally equivalent between a foreign electronic certificate and a certificate of authentication issued by a national certification authority.

The question of recognition is the responsibility of the competent authorities in the State, as it has the task of approving the foreign documentation bodies by entering into and entering into agreements with other States and international organizations.

The Iraqi legislator and legislator did not mention the existence of such equality.