FAQ - Signatur
Question: | Are certificates issued by certification service providers in other countries valid in Austria? |
Answer: | In general, certificates originating in the European Union or the European Economic Area are legally equivalent to certificates issued by Austrian trust service providers. This applies in particular to qualified certificates. Pursuant to Art. 17(1) of the eIDAS Regulation, the Member State in which the trust service provider is established is responsible for supervision. Certificates from third countries can in any case be used for non-qualified electronic signatures in the European Union and the European Economic Area (refer to Art. 25(1) and Art. 35(1) eIDAS Regulation). Yet such certificates are only regarded as qualified certificates when issued as part of a trust service that has been recognised under an agreement concluded between the Union and the third country in question or an international organisation in accordance with Article 218 TFEU. Beyond the legal validity of the certificate, the issue needs to be considered whether the recipient of a signed message trusts and accepts the certificate. Private individuals will usually prefer certificates issued in Austria, simply because they are more familiar with the Austrian trust service provider or more easily understand the language of the provider’s policy statement (e.g. the certificate policy and the certification practice statement). Government offices are not permitted to discriminate against certificates issued in other countries (at least within the EU internal market). |