Electronic Trust Services: A Step into the EU’s Digital Space

Last week, the Law ”On Electronic Trust Services” entered into force. The law was adopted over a year ago, but entered into force only a year after publication.
What is electronic trust services (ETS)?
These are services provided by certain subjects (providers) in order to interact with several users who trust the provider. The trust list maintained by the Ministry of Justice contains exclusively qualified providers. There is an opportunity to carry out identification by electronic means, simplifies the procedure of information exchange.
ETS includes, individually or in aggregate, various services related to the maintenance of electronic signatures and seals, web site authentication and registered electronic delivery (with the recording of data transfer times and their protection).
At the same time, certain conditions have been established for providers who are qualified in the understanding of the law: depositing funds into a specially account or liability insurance in order to compensate for possible future harm.
The risks of using the services of other providers are distributed according to the terms of the contract.
How will the identification be carried out?
Identification, in particular, will be carried out by electronic signature and electronic seala: simple, improved and qualified.
The level of trust in identification can be high (provided with qualified signatures/seals), medium (provided with improved signatures/seals) or low (limited; reduces the risk of abuse and denial of identity).
In which areas ETS is used?
ETS by agreement on the procedure for identification can be used in any relationship that requires the exchange of electronic data, if  the law does not require signing personally on paper analogues.
In the case of a requirement for the mandatory handwriting of paper carriers, as well as in relations with the authorities, the participants should use qualified ETS. Accordingly, the authorities use only qualified certificates, signatures/seals and have an additional procedure for their use.
Resume
With the entry into force of this law, the Law “On electronic digital signature” has become invalid, but its main provisions are reflected in the new law.
The introduction of electronic trust services system has many advantages for both businesses and ordinary citizens. The ability to receive public services online, communicate online with the authorities should significantly reduce the influence of the human factor in business with the state.
Business will also have the opportunity to conclude contracts online, participate in foreign tenders and implement electronic document management in most areas.
The law was developed on the basis of the European Regulation on eIDAS-regulation (electronic IDentification, Authentication and trust Services), and therefore, of course, is a step towards the digital space of the European Union. However, whether our society is ready for such cardinal changes – we will see later.

Olesia Todoriuk
associate at Attorney at Law “Bachynskyy and Partners”
assistant attorney of Andriy Kavchuk, head of practice
corporate law and compliance]]>

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20/01/2022
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