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Directive 99/93/EC: Liability aspects

Directive 99/93/EC: Liability aspects. Ignacio Alamillo. Introduction. Art. 6 Directive 99/93/EC, 13th December Strict liability model The CSP will be liable to ANY person who reasonably relies in qualified certificates – it refers to “public”, connecting with the consumer notion

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Directive 99/93/EC: Liability aspects

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  1. Directive 99/93/EC: Liability aspects Ignacio Alamillo

  2. Introduction • Art. 6 Directive 99/93/EC, 13th December • Strict liability model • The CSP will be liable to ANY person who reasonably relies in qualified certificates – it refers to “public”, connecting with the consumer notion • The burden to prove diligent action is on the CSP. Negligence action and consequential damages cannot be contractually excluded • Consumer protection rules also applies (art. 6.5) – liability caps may be forbidden under national regulation, except under ‘value limitation’ rule

  3. Liability associated to certificate issuance or guarantee - 1 • Art. 6.1 D 99/93/EC: Accuracy – at time of issuance – of all information contained in the qualified certificate • Inclusion of minimum required content, regarding Annex I of the Directive • The certificate must be marked as “qualified” certificate • Consumers relying in certificates must be able to identify a qualified certificate

  4. Liability associated to certificate issuance or guarantee - 2 • Proof-of-possession by signatory of the signature-creation data – at time of issuance – corresponding to the signature-verification data given or identified in the qualified certificate • It means the CSP must impose certain demonstration methods • Typically, a signed certificate request (PKCS#10) is used when the CSP does not create the key pair

  5. Liability associated to certificate issuance or guarantee - 3 • Assurance regarding complementary operation between signature-creation data and signature-verification data • Only if the CSP generates the key pair • It means the CSP must check the mathematical relationship between the private and the public key • For instance, creating the key pair (not recommended) • Or requiring the usage of certain key-creation algorithms • Also making some testing before definitive issuance

  6. Liability associated to service level • Art. 6.2 D 99/93/EC: Incorrect revocation data make the CSP liable for all damaged suffered by relying parties (general public = consumers) • Includes the failure to register and process a revocation request • Typically also includes the delay in publication of certificate revocation information

  7. Liability control – reduction and disclaim • Art. 6.3 and 6.4 D 99/93/EC: The CSP may control risk with two methods: Use and value limitations • Key usage (digital signature, key encipherment, etc) • Extended key usage (e-mail protection, code signing, etc) • Notice inside certificate (may not be seen) • Policy control: high level usage definition (contracts, e-invoices, etc) • Subscriber and relying party agreements: best solution in civil law systems)

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