Legal Regime of Electronic Identification and Trust Services for Electronic Transactions

Legal Regime of Electronic Identification and Trust Services for Electronic Transactions

On 9 February, Decree-Law 12/2021, that establishes Legal Regime of Electronic Identification and Trust Services for Electronic Transactions, transcribing the EU Regulation No. 910/2014, was published.

The present Decree-Law regulates the validity, effectiveness, probatory value, recognition, and acceptance, in the Portuguese legal system, of electronic identification means for natural persons and corporate entities, and also stipulates the provisions applicable to the State Electronic Certification System (“Sistema de Certificação Electrónica do Estado – SCEE”).

It should be noted that the foreseen rules apply to electronic documents issued by private individuals or public administration, as well as to electronic identification systems notified by the EU Member States.

For a clearer understanding, some of the essential concepts should be highlight:

  • In regard to electronic identification, it is defined as the process of using person identification data in electronic form uniquely representing either a natural or corporate entity, or a natural person representing a corporate entity.
  • Electronic identification means are hereby represented as a material and/or immaterial unit containing person identification data, and which is used for authentication for an online service.
  • Finally, and with respect to trust services, these are presented as electronic services that create, verify, and validate the respective electronic identification means, in which are distinguished electronic signatures, electronic seals or electronic time stamps, electronic registered delivery services and certificates related to those services, or also services that create, verify and validate certificates for website authentication. In addition, trust services are also concentrated on the preservation of electronic signatures, seals or certificates related to those services.
Nuno Nogueira Pinto

Nuno Nogueira Pinto

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