TECHNICAL REPORT ON THE USE OF ADVANCED ELECTRONIC SIGNATURES
Introduction
The Advanced Electronic Signature (AES) is defined as an electronic signature that meets the following requirements:
a) is connected solely to the signatory;
b) is suitable for identifying the signatory;
c) is created using data for the creation of an electronic signature that the signatory can, with a high degree of
level of security, use under your sole control; and
d) is linked to the signed data in such a way as to allow the identification of any subsequent modification of that data.
The FEA is governed by:
1. EU Regulation 910/2014 (hereinafter "eIDAS");
2. Legislative Decree 82/2005 and subsequent amendments (hereinafter referred to as "CAD");
3. Decree of the President of the Council of Ministers of February 22, 2013 (hereinafter "DPCM").
The FEA (Electronic Invoice) can only be used for legal relationships between the signatory and the entity providing the service.
FEA solutions. Unlike digital signatures, which require specific technology, FEA is a process.
The electronic document satisfies the requirement of written form and has the effect provided for in Article 2702.
of the Civil Code when it bears a digital signature, another type of qualified electronic signature or a signature
Advanced electronics. The regulatory context.
The characteristics that an advanced electronic signature must have are contained in articles 55, 56 and 57 of the
DPCM February 22, 2013.
As mentioned, the implementation of advanced electronic signature solutions is free and not subject to any
prior authorization.
Article 55.
General provisions
1. The development of advanced electronic signature solutions is free and not subject to any authorization.
preventive.
2. Entities that provide or develop advanced electronic signature solutions are distinguished as follows:
a) those who provide advanced electronic signature solutions for use in their dealings with
third parties for institutional, corporate or commercial reasons, carrying them out independently or also making use of
solutions implemented by the entities referred to in point (b);
b) those who, as the object of their business activity, develop advanced electronic signature solutions for the benefit of
of the entities referred to in point (a).
Article 56.
Features of advanced electronic signature solutions
1. Advanced electronic signature solutions guarantee:
a) the identification of the signatory of the document;
b) the unique connection of the signature to the signatory;
c) the exclusive control of the signatory over the signature generation system, including biometric data
possibly used for the generation of the signature itself;
d) the possibility of verifying that the signed electronic document has not been modified after
the affixing of the signature;
e) the possibility for the signatory to obtain evidence of what has been signed;
f) the identification of the entity referred to in Article 55, paragraph 2, letter a);
g) the absence of any element in the subject of the subscription that is capable of modifying its acts, facts or data
represented in the same;
h) the unique connection of the signature to the signed document.
2. The advanced electronic signature generated in violation of one or more provisions of the
letters a), b), c), d), e), g), h) of paragraph 1, does not meet the requirements set out in Article 20, paragraph 1-bis,
and Article 21, paragraph 2, of the Code.
Article 57.
Obligations of entities providing advanced electronic signature solutions.
1. The entities referred to in Article 55, paragraph 2, letter a) must:
a) reliably identify the user using a valid identification document, and inform them accordingly
to the exact terms and conditions relating to the use of the service, including any limitations on its use,
make the activation of the service conditional upon the signing of a declaration of acceptance of the terms and conditions
of the service by the user;
b) keep a copy of the identification document and the declaration referred to in point (a) for at least twenty years;
letter a) and any other information to demonstrate compliance with the provisions of Article 56, paragraph
1. ensuring its availability, integrity, readability, and authenticity;
c) provide a copy of the declaration and the information referred to in point (b) free of charge and without charge to the
signer, at the request of the latter;
d) make known the procedures for submitting the request referred to in point c), also by publishing them on their own website.
website; e) to make known the characteristics of the system implemented to guarantee what is prescribed by Article 56, paragraph
1;
f) specify the characteristics of the technologies used and how these allow compliance with the requirements
prescribed;
g) publish the characteristics referred to in points e) and f) on its website;
h) ensure, where possible, the availability of a service to revoke consent to the use of the solution of
advanced electronic signature and a support service.
2. In order to protect holders of advanced electronic signatures and third parties from any damage caused by
In the event of inadequate technical solutions, the entities referred to in Article 55, paragraph 2, letter a), shall provide coverage.
civil liability insurance issued by an insurance company authorized to operate in
in the field of industrial risks, for an amount not less than five hundred thousand euros.
3. The methods chosen to comply with the provisions of paragraph 2 must be made known to the subjects.
interested parties, also publishing them on their website.
4. Paragraph 2 of this article does not apply to public legal entities that provide solutions of
advanced electronic signature on behalf of public administrations.
5. Within the scope of public administrations and in the healthcare sector, limited to the category of users.
represented by citizens who use healthcare services, the declaration of acceptance of the conditions
the information about the service referred to in paragraph 1, letter a) may be provided orally by the user to the public official.
or to the healthcare professional, who collects it in a digital document that they sign with
qualified electronic signature or digital signature.
Regulatory context Comment
Article 55
General provisions
1) The development of advanced electronic signature solutions
It is free and does not require any authorization.
preventive
No permits are required.
2. Entities that provide or develop signature solutions
Advanced electronics are distinguished by:
a) those who provide advanced electronic signature solutions
in order to use them in dealings with individuals
third parties for institutional, corporate or commercial reasons,
implementing them independently or even using existing solutions
carried out by the entities referred to in point (b)
b) those who, as the object of their business activity,
they develop advanced electronic signature solutions in favor of
of the subjects referred to in letter
The subject of type a) is
________________________ [INSERT THE
COMPANY NAME
Article 56 (Characteristics of advanced electronic signature solutions)
1. Advanced electronic signature solutions guarantee:
a) the identification of the signatory of the document; The collection of documents has been carried out
by an operator in the presence of the signatory
or the following mode is used:
web recognition. b) the unique connection of the signature to the signatory; c) the signatory's exclusive control of the system.
signature generation, including biometric data
possibly used for signature generation
same;
It happens through email and the cell phone of
Signatory.
The signature generation system is
considering the set of access to
platform via link received by email
and/or SMS + mobile phone number + OTP for the
attaching the FEA to the mobile phone that the
the signatory has communicated.
Before the application of the FEA
the signatory must view and approve the
documents subject to FEA.
This is achieved through the use of
signature platform
d) the possibility of verifying that the electronic document
the signed document has not been modified since it was signed.
of the signature;
e) the possibility for the signatory to obtain evidence of
as subscribed
f) the identification of the subject referred to in Article 55, paragraph
2, letter a)
g) the absence of any element in the subject matter of
signing an agreement to modify its acts, facts, or data in the
same representatives;
h) the unique connection of the signature to the document
underwritten.
It is expected that the signatory will be able to
view, download, and
receive it by email if necessary
signed document.
It is ________________________ [INSERT]
THE COMPANY NAME.
The entire process cannot be modified by the
operators.
The one-way connection occurs through
the affixing of the digital certificate does not
qualified and hash generation.
Article 57
Obligations of entities providing advanced electronic signature solutions.
1. The entities referred to in Article 55, paragraph 2, letter a)
must:
a) to reliably identify the user via a valid
identification document, inform him/her about the
the exact terms and conditions relating to the use of the service,
including any possible limitation of use, subordinate
the activation of the service upon subscription to a
declaration of acceptance of the terms of service by
part of the user;
b) keep a copy of the document for at least twenty years
recognition and the declaration referred to in point (a) and
any other information serving to demonstrate compliance with
Activity performed by an operator in person.
by the signatory or through recognition
web.
In case of web recognition
acceptance of the terms of service
it is performed via video by the signatory
by means of electronic signature with point and
click. Without acceptance, the process will
interrupts.
Digital preservation is planned for the
period indicated. As provided for in Article 56, paragraph 1, guaranteeing its
availability, integrity, readability, and authenticity;
c) provide a copy of the [document/material] freely and without charge
declaration and the information referred to in point (b) to
signer, at the request of the latter;
d) make known the procedures for submitting the request of
referred to in point c), also by publishing them on their website.
internet;
e) to make known the characteristics of the system implemented,
to guarantee what is prescribed by Article 56, paragraph 1;
f) specify the characteristics of the technologies used, and
how these allow compliance with what
prescribed
g) publish the characteristics referred to in points e) and f) on the
own website;
h) ensure, where possible, the availability of a service of
Revoking consent to use the signature solution
advanced electronics and an after-sales service.
2. In order to protect the holders of electronic signatures
claims by third parties for any damages caused by inadequate
technical solutions, the entities referred to in Article 55, paragraph 2,
letter a), they obtain insurance coverage for the
civil liability issued by a company of
insurance company authorized to operate in the field of risks
industrial companies for an amount not less than euro
five hundred thousand (500,000€).
The Signatory may request at any time
at the moment, provide the company with this information.
the methods indicated on the company's website.
All instructions are available in a
on the company's website.
This is the technical report.
This is the technical report.
This technical report is published.
on the website of the company providing the service
service.
The cancellation form is published on the website.
the internet of the company providing the service.
Insurance coverage is provided.