Simple electronic signature in e-commerce: problems and challenges

Анотація

This article examines the challenges consumers face when using simple electronic signatures in e-commerce and the current stagnation in the personal lending sector. The author has analyzed Ukrainian legislation governing the creation of simple electronic signatures in e-commerce, doctrinal literature, and case law in this area. The study found that malicious cybercriminal activity, such as the illegal acquisition of personal data of individuals, is widespread in Ukraine. As a result, financial institutions do not always properly identify borrowers (clients) and authenticate their payment cards. As a result, consumer loans are issued in the names of borrowers who did not apply for a consumer loan, and the funds are then transferred to cybercriminals or their accomplices. Such actions are carried out by cybercriminals using simple electronic signatures, in particular electronic signatures with a one-time identifier. In order to protect consumer rights, the author proposes to eliminate at the law level the possibility of using a simple electronic signature, including an electronic signature with a one-time identifier, in the field of consumer lending, and to establish that remote conclusion of consumer loan agreements using electronic means of communication is possible only with the use of a qualified electronic signature, which has the highest level of cryptographic protection. Keywords: written form of contract, signature, electronic signature, simple electronic signature, electronic signature with a one-time identifier, qualified electronic signature, obligation, consumer credit.

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