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[FYI] LU: Draft electronic commerce bill introduced


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9.2. Luxembourg            Draft electronic commerce bill introduced 

                           At the end of March 1999, the Luxembourg
                           government introduced the country's draft
                           bill on electronic commerce to Parliament.
                           Composed of 77 articles, this text adapts
                           national civil, commercial and penal law to
                           the electronic environment by also
                           implementing the EU directives 97/66/EC,
                           97/7/EEC and 93/13/EEC on privacy in
                           telecommunications, distance selling and
                           abusive clauses in consumer contracts. Its
                           declared purpose is to provide Luxembourg
                           with a secure and predictable framework for
                           electronic transactions in accordance with
                           international and European rules by
                           including a set of detailed provisions on
                           proof, electronic contracts, certification
                           authorities, digital certificates and
                           encryption standards. 

                           While it allows the use of cryptography, it
                           recognises the same legal validity in both
                           electronic and hand-written signatures,
                           provided their integrity is adequately
                           guaranteed by digital certificates
                           delivered by accredited certification
                           authorities. The bill sets up a voluntary
                           accreditation system with the National
                           Accreditation and Surveillance Authority of
                           the Ministry of Economy being the public
                           body entrusted with this task. The
                           procedures and criteria of accreditation
                           are defined in three Grand Ducal
                           Regulations to be adopted with the law. 

                           The draft bill can be accessed on the
                           Ministry of Economy web site at 

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