Legal framework for electronic signature utilization in Bosnia and Herzegovina Cover Image

Pravni okvir za primjenu elektronskog potpisa u Bosni i Hercegovini
Legal framework for electronic signature utilization in Bosnia and Herzegovina

Author(s): Fatima Mahmutćahajić, Vedad Silajdžić, Veljko Trivun
Subject(s): Law, Constitution, Jurisprudence
Published by: Ekonomski fakultet u Sarajevu
Keywords: e-business; electronic contract; authentication; identification; electronic signature

Summary/Abstract: The goal of the paper is to prove that there is a valid legal framework for electronic signature utilization in Bosnia and Herzegovina, and therefore the legal security for authentication and identification in e-business. The biggest problem in e-business includes the issue of the authentication of the sent electronic document or message, as well as the sender identification. In traditional environment, transactions take place directly, “face-to-face”, and the partner’s identity can be established in various ways. This means that security is not questionable, but rather implied. Electronic environment requires the same security level, but also different techniques of identity establishment and document authentication. In the virtual world, electronic signature is used as a means of identifying parties to the contract and authenticating the content of the electronically sent message. The major question that arises is whether the existing legal framework provides a sufficient basis for using electronic signature in business operations. The main hypothesis is that B-H legislation includes a sufficient legal framework for using electronic signature. The hypothesis is proven by analyzing individual legislative solutions and comparing them to comparative law solutions at the international level, by means of following methods: comparative law, historical, normative and analytical.

  • Issue Year: 2007
  • Issue No: 27
  • Page Range: 185-207
  • Page Count: 23
  • Language: Bosnian