Decree-Law no. 165/2004, of 6 July

Ministério da Justiça (Ministry of Justice)


ecree-Law no. 62/2003, of 3 April, aimed at aligning the legal regime for digital signatures, established in Decree-Law no. 290-D/99, of 2 August, with Directive 1999/93/EC of the European Parliament and of the Council of 13 December, on a legal Community framework for electronic signatures.

Annex I of the mentioned directive established the requirements for qualified certificates, defined pursuant to paragraph 10 of article 2.  The provisions of the Community directive were transposed respectively by article 29 and by point q) of article 2, both of which result from the amendment introduced by Decree-Law no. 62/2003 into Decree-Law no. 290-D/99.

However, instead of imposing as requirement for the qualified certificate issued by certifying entities the information regarding the name and advanced electronic signature of the certifying entity, coupled with the identification of the country in which it is established, the requirement demand was reinforced, in the sense that the qualified certificate should bear the certifying entity’s qualified electronic signature.

The detailed task of regulating the referred Decree-Law requires, nevertheless, that such level of demand is re-assessed and that the statutory instrument is amended towards realigning it with the obligations imposed by the directive, and in a more appropriate way, as far as the Community harmonisation of the matter is concerned.

Thus, the main goal is to meet the principles underlying the establishment of a Community legal framework for electronic signatures, that, enabling the existence of common rules as to the legal recognition of those signatures and the accreditation of certification-service providers in the Member States, increase the use of electronic communications and electronic commerce in the European common area.
The National Security Authority was heard.

Pursuant to point a) of paragraph 1 of article 198 of the Constitution, the Government hereby decrees the following:

Sole article
Amendment to Decree-Law no. 290-D/99, of 2 August,
as amended by Decree-Law no. 62/2003, of 3 April

Article 29 of Decree-Law no. 290-D/99, of 2 August, as amended by Decree-Law no. 62/2003, of 3 April, is hereby amended to read as follows:

«Article 29

1 - …
a) …
b) Name and advanced electronic signature of the certifying entity, as well as the indication of the country in which it is established;
c) …
d) …
e) …
f) …
g) …
h) …
i) …
j) …

2 - …»

Checked and approved at the Council of Ministers of 12 May 2004. – José Manuel Durão BarrosoMaria Manuela Dias Ferreira LeiteMaria Teresa Pinto Basto GouveiaMaria Celeste Ferreira Lopes CardonaNuno Albuquerque Morais Sarmento - José Luís Fazenda Arnaut DuarteMaria da Graça Martins da Siva Carvalho.

Promulgated on 22 June 2004.

Let it be published.

The President of the Republic, Jorge Sampaio.

Counter-signed on 24 June 2004.

The Prime Minister, José Manuel Durão Barroso.