The student Sebastián Giraldo presents a Master's Degree Final Project (TFM) based on Law 527 of 18 August 1999, which implements the digital signature and the use of data messages in Colombia. It is similar to other international instruments such as the Spanish Royal Decree Law 14/1999 of 17 September.
11 september 2017
Title: The digital signature as a mechanism provided in Colombian legislation to endorse data messages used in electronic commerce
Author: Sebastián Giraldo Castañeda
The research of this project is based on a descriptive analysis of the studied legislation regarding the importance of electronic signature contained in a data message as an instrument that materialises the development of electronic commerce in the modern world. The current demands of the community on the speed, security and reliability of the digital instruments has led to an update of the existing legislation in a certain field, in order for this normative compendium to be adapted to these instruments that did not exist in 1999.
The demands of the community regarding the speed or security of digital instruments has led to an update of the regulations on digital signature and electronic commerce
Digital instruments and/or mechanisms that are related to electronic commerce are indispensable to materialise the new way of manifesting and expressing the will in a legal relationship provided that there is some instrument that proves that what is being developed with the use of electronic elements contains similar effects to those in everyday commerce.
Both the Electronic Commerce Law, the Digital Signature Law and, above all, the source that inspires them (Model Law on Electronic Commerce issued by UNCITRAL) contemplated certain principles and fundamentally functional equivalence as the engine of the system. Through them, the system is given coherence, as well as all the tools to provide it with the necessary legal effects, thus ensuring the legal security users are looking for.
The digital signature is the tool that allows the users of a system forging the will to engage in a legal relationship. It is preceded in electronic commerce by some keys both public and private to ensure uniformity that prevents the its alteration and generate greater security and reliability in the system.
On its behalf, the e-commerce system has guaranteed its reputation and recognition through the introduction of security in the system itself, which is addressed to third parties, such as certification bodies.
