Procedure completed
Role | Committee | Rapporteur | Shadows |
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Opinion | ECON | VAN VELZEN W.G. (PPE) | |
Opinion | ENVI | ||
Lead | JURI | ULLMANN Wolfgang (V) |
Legal Basis RoP 050, RoP 132
Activites
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1998/09/21
Final act published in Official Journal
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1998/07/17
Decision by Parliament, 1st reading/single reading
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T4-0457/1998
summary
Adopting the report by Mr Wolfgang Ullmann (Green, D) on security and trust in electronic communication, Parliament called for a legal framework to be created to ensure mutual trust in digital signatures and confidentiality, and for the legal framework to be designed primarily to abolish national restrictions on certification. Steps should be taken to remove obstacles to the use of digital signatures in the legal system, industry and public administration, and every effort made to ensure that digital and conventional signatures had the same status in law. European Union institutions should lead the way in the use of digital signatures. Parliament also called on the Commission and the Member States to press ahead with dialogue and agreements at international level to allow the creation of a worldwide virtual economic area through common technical standards and mutual recognition. Parliament underlined the importance of international dialogue between the European Union and various international organizations (OECD, UN, ITU, ICC and WTO) to avoid a situation in which regulations formed a barrier to trade with major trading partners and underlined the need for reciprocity in the treatment of the European Union by other trading partners. It stressed the importance of mutual recognition of digital signatures between Member States and the need to define minimum standards at European level, allowing Member States to generate confidence in the quality and reliability of the certification regulations; if necessary, Member States could set higher standards. With regard to the directive on digital signatures, Parliament called for it to provide for cross-border certification, possibly with an authority to which third parties from other Member States could apply for a guarantee that certification had taken place in the Member State concerned. Common conditions also had to be laid down for the setting-up and operation of certification bodies; each Member States should have an accrediting body to supervise compliance with these conditions in an objective, non- discriminatory way. General rules to reinforce confidence had to be sufficiently flexible to take account of new technological developments. Parliament considered that developing an encryption market could, despite the controversy surrounding the illicit use, play an important role in developing electronic commerce and guaranteeing the fundamental right to privacy and to communication without interference. It called on European enterprises to establish common rules in this area at national and international level to promote the development of digital signatures. �
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T4-0457/1998
summary
- 1998/07/16 Debate in Parliament
- #2099
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1998/05/28
Council Meeting
- 1998/05/19 Vote in committee, 1st reading/single reading
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1997/12/15
Committee referral announced in Parliament, 1st reading/single reading
- #2054
- 1997/12/01 Council Meeting
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1997/10/08
Non-legislative basic document published
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COM(1997)0503
summary
OBJECTIVE: defining a European policy to ensure security and trust in electronic communication and digital signatures. SUBSTANCE: the Commission's document indicates that, if nothing is done soon, the development of electronic commerce could be hampered by the insecurities typical to open networks such as Internet. Messages may be intercepted and manipulated, the validity of documents can be denied and personal data can be illicitly connected. Cryptographic technologies for instance, digital signatures and encryption may provide an essential tool for security and trust on open networks. Several Member States have already announced their intention of introducing specific regulations in this area and some of have already done so. However, divergent practices (or the absence of regulation) could constitute a serious barrier to electronic commerce. Accordingly, the objective of the Commission communication is to develop a European policy in this area. Legislative proposals could be presented as soon as 1998 in the light of responses to proposals contained in this communication. In particular, the Commission considers that a Community strategy should contain the following elements: 1) In the field of digital signatures: - laying down common legal requirements for certifying authorities (CAs) so as to create a framework for the mutual recognition of certificates issued by CAs; - establishing equivalent legal recognition for digital and conventional signatures; - encouraging international cooperation to create a suitable framework for worldwide electronic commerce and in particular establish common technical standards and commence the mutual recognition of certificates. 2) With regard to encryption: the Commission considers that encryption is frequently the only effective means of protecting data and communications on open networks. As far as the national authorities are concerned the large-scale use of encrypted communication could diminish their capacity to fight against organized crime. In this respect, the Treaty fully respects the competences of the Member States in the field of national security. However, national restrictions should not hamper electronic commerce and infringe Community law. The Commission will therefore examine national restrictions in the light of existing provisions concerning freedom of movement, the principle of proportionality, Directive 83/189/EEC concerning standards and technical regulations and Directive 95/46/EC on the protection of personal data. Additional measures could be envisaged with a view to strengthening the control of encryption (for example adjustment of Regulation (EC) No 3381/94 on the control of exports of dual-use products, improving the cooperation between police forces and the conclusion of international agreements). Finally, the following accompanying measures could be envisaged as of 1998: 1) encouraging the industry and international standardization bodies to develop their interoperable technical and infrastructural standards for digital signatures and encryption; 2) proposal for a Council and Parliament decision for an INFOSEC II programme (development of overall strategies for the security of electronic communications); 3) launching of new projects in the framework of the fifth RTD framework programme in the field of electronic communications; 4) encouraging the utilization of digital signatures and encryption by the Community's and public authorities; 5) creation of a European Internet forum as a means of information and exchange; 6) organization of an international hearing of experts on digital signatures and encryption. �
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COM(1997)0503
summary
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1994/10/06
Additional information
Documents
- Non-legislative basic document published: COM(1997)0503
- Debate in Council: 2054
- Committee report tabled for plenary, single reading: A4-0189/1998
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T4-0457/1998
History
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