Spain

[ES] Ministerial Order Implements the Decree-Law on Electronic Signatures

IRIS 2000-3:1/24

Alberto Pérez Gómez

Entidad publica empresarial RED.ES

In September 1999, the Government approved a Decree-Law regulating electronic signatures (see IRIS 1999-10: 4). Now the Government has passed a Ministerial Order with some implementation measures needed for the effective application of the Decree-Law. This Ministerial Order approves the Regulation on the accreditation of certification-service providers and on the certification of certain "electronic-signature products" (for definition see Article 2 (13.) of Directive 1999/93/EC concerning electronic signatures).

According to this Regulation, the authority that will have the power to provide the accreditation of certification-service providers or the certification of electronicsignature products will be the Secretaría General de Comunicaciones del Ministerio de Fomento (the Secretariat-General of Communications of the Ministry of Development). The granting of an accreditation or certification shall be preceded by an assessment of the service provider or electronic-signature product in question by an independent body recognized as such by the Spanish Entidad Nacional de Acreditación (ENAC) or by a similar authority of a Member State of the European Union.

The Regulation establishes the procedure for the securing of accreditations for certification-service providers and certificates for electronic-signature products; it provides for the mutual recognition among EU Member States of those accreditations and certificates; and it sets limits to their validity.