New technical rules on electronic signatures

The new technical rules on electronic signatures have recently been published in the Official Journal.

Here follow the complete references: DPCM 22 febbraio 2013 “Regole tecniche in materia di generazione, apposizione e verifica delle firme elettroniche avanzate, qualificate e digitali, ai sensi degli articoli 20, comma 3, 24, comma 4, 28, comma 3, 32, comma 3, lettera b), 35, comma 2, 36, comma 2, e 71”.

The new rules give full legal value to a new type of electronic signature known as the “Graphometric Signature”, which consists of a handwritten signature being added to a digital document by means of a tablet using a special pen. According to the Italian Digital Administration Code currently in force, this signature can be regarded as either an electronic signature or as an advanced electronic signature. Whether it is an electronic signature or an advanced electronic signature depends on the security measures adopted.

“Graphometric Signatures” are used particularly by banks, but could be used in any field. The only limitation concerns contracts regarding real estate, which cannot be signed with a “Graphometric Signature”, but require a digital signature.