§ 3-16. Electronic signature: terms and scope
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- The terms electronic signature (elektronisk signatur), signature holder (rettighetshaver), provider and misuse have a specific meaning in §§ 3-17 to 3-21.
- The rules apply correspondingly to electronic seals of legal persons.
- The Government (Kongen) may extend the rules to other signature solutions through regulations (forskrift).
The text of the law (unofficial translation)
§ 3-16. Definitions and scope
- electronic signature: a qualified electronic signature in accordance with Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market and rules laid down in or pursuant to the Electronic Trust Services Act (lov om elektroniske tillitstjenester)
- signature holder: a natural person who has the right to create an electronic signature that can be used to enter into an agreement on a financial service (finansiell tjeneste)
- provider: a trust service provider that provides one or more qualified trust services, that has been granted qualified status by a supervisory body, and that offers an electronic service consisting of the creation, verification and validation of electronic signatures
- misuse: loss, theft or unauthorised appropriation of electronic signature creation data.
What does this mean?
This section explains four terms used in §§ 3-17 to 3-21. Electronic signature here means a qualified signature under the EU rules on electronic identification, not just any digital signature. The signature holder is the natural person who has the right to create the signature, never a business. The provider is a trust service provider that a supervisory body has approved as qualified. Misuse means that the signature data has been lost, stolen or wrongfully taken by others.
The second subsection extends the scope: §§ 3-17 to 3-21 apply correspondingly when legal persons create electronic seals. The third subsection allows the Government to decide by regulations that this section and §§ 3-17 and 3-18 shall also apply, in whole or in part, to other electronic signature solutions.
The terms are used in the following sections. § 3-17 requires the provider to inform the signature holder of how to report misuse, to make sure that reports can be received at any time and to stop further use as soon as the report is received. The provider must also confirm in writing that the report has been received and be able to document it for at least 18 months. § 3-18 requires the service provider (tjenesteyter) offering signatures to have easily accessible information about reporting. § 3-19 concerns the signature holder's obligations, including protecting personal security information. § 3-20 sets a cap on liability for compensation (erstatning) through excesses (egenandel), and § 3-21 allows the signature holder's liability for the excess to be reduced.
Example: A signature holder has used a signature to enter into a financial agreement (finansavtale) with a service provider. The term "provider" then refers to the supplier of the signature solution itself, not to the service provider. The distinction is important, because the provider and the service provider have different obligations under §§ 3-17 and 3-18.
- § 3-17The provider's obligations for electronic signatures
- § 3-18Information on reporting misuse of a signature
- § 3-19The signature holder's obligations for electronic signatures
- § 3-20Liability for misuse of an electronic signature
- § 3-21Reduction of the excess for misuse of an electronic signature