THE DUTCH CARIBBEAN ELECTRONIC SIGNATURE
Iris scans fall within its scope
The Netherlands Antilles National Ordinance Agreements via Electronic Channels of December 29, 2000 defines an ‘electronic signature’ as follows:
“electronic data attached to or logically associated with other electronic data which are used as a means of identification”
Consequently, the notion ‘electronic signature’ implies more than only digital signatures, also scanned signatures, biometric identification methods such as iris scans fall within its scope. The electronic signature has the same legal consequences as a written signature.
The Ordinance provides the requirements as to the contents, or the manner of establishment of an electronic signature, as follows:
- that it should be unique and exclusive of others related to the person who uses the signature;
- the signature can be verified at all times;
- the control rests exclusive of others at the person who uses the signature;
- the signature should be connected to the electronic data in such a manner that in case the data should be modified, the electronic signature becomes invalid.
Provided certain requirements are met, digital ‘certificates’, are recognized for evidentiary purposes to substantiate the authenticity of the electronic signature. By ‘certificates’ are to be understood: “a confirmation from a third party aimed at the recipient of the information sent electronically, that such information is from a person or entity”.
A certificate is issued by a certificate service provider. It is provided that without prejudice to the requirements relating to the establishment and practice of a company in the Dutch Antilles, certificate service providers may only provide their services if they are recognized as such by the Minister of Justice.
Apart from guaranteeing the identity of the parties concerned, the recipient can by means of such a certificate also verify that the contents of the document has not been altered during transmission.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
