英文摘要 |
Taiwan’s current Electronic Signature Law was enacted in 2001 which has not been amended since its enactment. The overall technology application environment has gradually undergone significant changes, including the trend of mobile application, cloud application to virtual and real integration, which is unimaginable at the time of legislation and has become a normal situation nowadays. In order to meet the needs of the development of digital economy, major countries are actively reviewing the need to amend and update their electronic signature legislation. The international legislation has also expanded the scope of application from the original focus on regulating the application of electronic signatures and further constructed the online trust services and overall trust environment of the network. The European Union implemented Electronic Identification and Trust Services Regulation (eIDAS) in 2016, replacing the original Electronic Signatures Directive. The new law introduces important mechanisms, such as the“electronic seal of legal person,”“electronic time stamp,”“certificate for website authentication,”and“electronic registered delivery”which are not available in Taiwan. By comparing the international legislation examples, this article analyzes and evaluate the existing problems in the current domestic electronic signature law, and puts forward the corresponding amendment suggestions. The author also suggests that the concept of electronic seal for legal person can be introduced in Taiwan by referring to the practice of European Union, which will not only help enterprises to use electronic seal effectively, but also help solve the problems of traditional seal forgery and the criticism of seal certification system. |