In Gibraltar, electronic signature legislation was introduced by the Electronic Commerce Ordinance 2001, which was passed by the House of Assembly on March 5, 2001 (the “ECO.”) The ECO fosters the development of electronic commerce in Gibraltar notably by providing a framework for the accreditation of electronic signatures.
The ECO, which incorporates the provisions of the relevant EU directives (particularly the May 2000 Directive on a Legal Framework for E-Commerce), is viewed as an important step in Gibraltar's development as an e-commerce hub to rival its nearest competitors in the EU, such as Guernsey, Malta and the Isle of Man. The ECO is aimed at facilitating the use of electronic means for transmitting and storing information and affords legal recognition to transactions effected electronically. It also provides a framework for the accreditation of electronic signatures and determines the activities and liability of service providers.
How is electronic signature defined under the ECO?
# Electronic signature is defined under Section 11 as a signature in electronic form which: Is in, attached to or logically associated with, information;
# Is used by a person ("the signatory") to indicate his adoption of that information;
# Is uniquely linked to the signatory and capable of identifying him;
# Is created using means that the signatory can maintain under his sole control; and
# Is linked to the information to which it relates in such a manner that any subsequent alteration of the information is revealed.
