E-signature and Related Technologies

E-signature and Related Technologies

Hunton & Williams LLP attorneys have handled an extensive number and range of transactions involving the issuance of digital certificates and have represented major service providers, technology companies, large corporate users, and financial institutions in the use of electronic signatures and cryptography issues, including negotiation of strategic alliances, acquisitions, and joint ventures both under US and EU law. Our team in the Brussels office includes attorneys participating in the drafting of the Model Law on Electronic Signatures and the UN Convention on the Use of Electronic Communications in International Contracts of the United Nations Commission on International Trade Law (UNCITRAL). The team has also authored articles about European electronic signature law, international encryption regulation and export controls.

Representative Transactions

  • For the world's largest package distribution and logistics company, provided advice and counseling on developing, structuring, and launching a worldwide, secure Internet delivery service, including implementation of the associated system for issuing digital certificates and negotiation of agreements with multiple "commercial" certificate authorities.
  • For a nationally recognized processor of medical claims established the structure for issuing healthcare industry specific digital certificates required to operate an Internet-based service for processing a wide range of administrative healthcare transactions.
  • For American Express, advised on the application of the E-Sign Act and UETA to roll-out online statements, including extensive analysis of consumer consent issues.
  • Advised a major insurance company on implementation of electronic contracting in insurance related documents, implicating both E-Sign and state law issues.
  • Advised a major US electronic invoicing provider on its e-billing services and spend management software regarding European legal requirements of the Directive on E-Signatures, the E-Invoice Directive, the Data Protection Directive as well as data security and encryption requirements.

What We Do

Electronic Signatures:

  • E-Sign Act implementations:
    • Consumer disclosures and consent requirements
    • Record retention policies
    • Preemption analyses
    • General legislative interpretation
  • Uniform Electronic Transactions Act ("UETA")
  • Uniform Computer Information Transactions Act ("UCITA")
  • European Directive on electronic signatures
  • European E-Invoice Directive
  • European Data Protection Directive
  • UNCITRAL Model Law on E-Signatures
  • UN Convention on the Use of Electronic Communications in International Contracts

Public Key Infrastructure (PKI) Implementations:

  • Certificate Authority (CA) liability analyses:
    • Client versus server certificates
    • Regulatory considerations (licenses and approvals)
  • Contract document reviews and development:
    • Services Agreements with "commercial" certificate authorities
    • Certification Practice Statements
    • Subscriber Agreements
    • Relying Part Agreements
  • Authentication issues
  • Risk management and insurance
  • International considerations
  • Wireless trust services
  • Smart cards and other hardware devices
  • Encryption/export controls