Regarding the Possibility of Recognizing a Foreign Electronic Signature within the BRICS Framework

Abstract

The need to intensify the efforts of the BRICS countries in the field of electronic commerce has necessitated the development and implementation of a mechanism for the recognition of foreign electronic signatures by the BRICS member countries. The analysis of national law norms of individual BRICS member countries has led to the conclusion that there are no common standards for the technical compatibility of signature certificates. The author proposes two ways of solving the problem of mutual recognition of foreign electronic signature certificates between the members of the association. The article substantiates the conclusion that the adoption of an international treaty providing for mutual recognition of foreign electronic signatures is difficult and will potentially lead to a contradiction between the norms of international and national law of the BRICS countries. In this regard, the author suggests the need to create a unified platform in public-private interactions, which would provide for common requirements for members of the association in terms of the reliability and security of electronic signatures, the procedure for verifying the validity of a foreign signature key certificate, and cooperation with leading certification centres.