نصوص التشريعات محل الدراسة

United Nations A/RES/56/80
General Assembly
Distr.: General
24 January 2002
Fifty-sixth session
Agenda item 161
01 49026
Resolution adopted by the General Assembly
[on the report of the Sixth Committee (A/56/588 and Corr.1)]
56/80. Model Law on Electronic Signatures of the United
Nations Commission on International Trade Law
The General Assembly,
Recalling its resolution 2205 (XXI) of 17 December 1966, by which it
established the United Nations Commission on International Trade Law, with a
mandate to further the progressive harmonization and unification of the law of
international trade and in that respect to bear in mind the interests of all peoples,
particularly those of developing countries, in the extensive development of
international trade,
Noting that an increasing number of transactions in international trade are
carried out by means of communication commonly referred to as electronic
commerce, which involves the use of alternatives to paper-based forms of
communication, storage and authentication of information,
Recalling the recommendation on the legal value of computer records adopted
by the Commission at its eighteenth session, in 1985, and paragraph 5 (b) of General
Assembly resolution 40/71 of 11 December 1985, in which the Assembly called
upon Governments and international organizations to take action, where appropriate,
in conformity with the recommendation of the Commission,
1
so as to ensure legal
security in the context of the widest possible use of automated data processing in
international trade,
Recalling also that the Model Law on Electronic Commerce was adopted by
the Commission at its twenty-ninth session, in 1996,
2
and complemented by an
additional article, 5 bis, adopted by the Commission at its thirty-first session, in
1998,
3
and recalling paragraph 2 of General Assembly resolution 51/162 of
16 December 1996, in which the Assembly recommended that all States should give
favourable consideration to the Model Law when enacting or revising their laws, in
view of the need for uniformity of the law applicable to alternatives to paper-based
methods of communication and storage of information,
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1
See Official Records of the General Assembly, Fortieth Session, Supplement No. 17 (A/40/17), chap. VI,
sect. B.
2
Ibid., Fifty-first Session, Supplement No. 17 (A/51/17), chap. III, sect. F, para. 209.
3
Ibid., Fifty-third Session, Supplement No. 17 (A/53/17), chap. III, sect. B.

A/RES/56/80
2
Convinced that the Model Law on Electronic Commerce is of significant
assistance to States in enabling or facilitating the use of electronic commerce, as
demonstrated by the enactment of the Model Law in a number of countries and its
universal recognition as an essential reference in the field of electronic commerce
legislation,
Mindful of the great utility of new technologies used for personal identification
in electronic commerce and commonly referred to as electronic signatures,
Desiring to build on the fundamental principles underlying article 7 of the
Model Law on Electronic Commerce
4
with respect to the fulfilment of the signature
function in an electronic environment, with a view to promoting reliance on
electronic signatures for producing legal effect where such electronic signatures are
functionally equivalent to handwritten signatures,
Convinced that legal certainty in electronic commerce will be enhanced by the
harmonization of certain rules on the legal recognition of electronic signatures on a
technologically neutral basis and by the establishment of a method to assess in a
technologically neutral manner the practical reliability and the commercial
adequacy of electronic signature techniques,
Believing that the Model Law on Electronic Signatures will constitute a useful
addition to the Model Law on Electronic Commerce and significantly assist States in
enhancing their legislation governing the use of modern authentication techniques
and in formulating such legislation where none currently exists,
Being of the opinion that the establishment of model legislation to facilitate the
use of electronic signatures in a manner acceptable to States with different legal,
social and economic systems could contribute to the development of harmonious
international economic relations,
1. Expresses its appreciation to the United Nations Commission on
International Trade Law for completing and adopting the Model Law on Electronic
Signatures contained in the annex to the present resolution, and for preparing the
Guide to Enactment of the Model Law;
2. Recommends that all States give favourable consideration to the Model
Law on Electronic Signatures, together with the Model Law on Electronic
Commerce adopted in 1996 and complemented in 1998, when they enact or revise
their laws, in view of the need for uniformity of the law applicable to alternatives to
paper-based forms of communication, storage and authentication of information;
3. Recommends also that all efforts be made to ensure that the Model Law
on Electronic Commerce and the Model Law on Electronic Signatures, together with
their respective Guides to Enactment, become generally known and available.
85th plenary meeting
12 December 2001
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4
Resolution 51/162, annex.

A/RES/56/80
3
Annex
Model Law on Electronic Signatures of the United Nations Commission on
International Trade Law
Article 1
Sphere of application
This Law applies where electronic signatures are used in the context
5
of
commercial
6
activities. It does not override any rule of law intended for the
protection of consumers.
Article 2
Definitions
For the purposes of this Law:
(a) “Electronic signature” means data in electronic form in, affixed to or
logically associated with, a data message, which may be used to identify the
signatory in relation to the data message and to indicate the signatory's approval of
the information contained in the data message;
(b) “Certificate” means a data message or other record confirming the link
between a signatory and signature creation data;
(c) “Data message” means information generated, sent, received or stored by
electronic, optical or similar means including, but not limited to, electronic data
interchange (EDI), electronic mail, telegram, telex or telecopy;
(d) “Signatory” means a person that holds signature creation data and acts
either on its own behalf or on behalf of the person it represents;
(e) “Certification service provider” means a person that issues certificates
and may provide other services related to electronic signatures;
(f) “Relying party” means a person that may act on the basis of a certificate
or an electronic signature.
Article 3
Equal treatment of signature technologies
Nothing in this Law, except article 5, shall be applied so as to exclude, restrict
or deprive of legal effect any method of creating an electronic signature that
satisfies the requirements referred to in article 6, paragraph 1, or otherwise meets
the requirements of applicable law.
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5
The Commission suggests the following text for States that might wish to extend the applicability of this
Law:
“This Law applies where electronic signatures are used, except in the following
situations: [...].”
6
The term “commercial” should be given a wide interpretation so as to cover matters arising
from all relationships of a commercial nature, whether contractual or not. Relationships of a commercial
nature include, but are not limited to, the following transactions: any trade transaction for the supply or
exchange of goods or services; distribution agreement; commercial representation or agency; factoring;
leasing; construction of works; consulting; engineering; licensing; investment; financing; banking;
insurance; exploitation agreement or concession; joint venture and other forms of industrial or business
cooperation; carriage of goods or passengers by air, sea, rail or road.