Under either hypothesis, the certification services provider is expressly exempted from liability" for damage arising from use of a qualified certificate that exceeds the limitations placed on it.".
上述情形在国际环境中不太可能发生,因为大多数签名人更有可能找位于本国的认证服务提供人提供服务。
This kind of scenario is unlikely to arise in an international context, since most signatories would be more likely to seek the services of certification services providers located in their own countries.
In addition, the certification services provider is expected to exercise reasonable care to ensure the accuracy and completeness of all material representations it makes in connection with a certificate.
The signatory could therefore be held liable, either to the certification services provider or to the relying party, for providing false or inaccurate information to the certification services provider when applying for a certificate.
认证服务提供人有义务避免制作或接触签名人的签名制作数据,还可能因其雇员故意这样做而承担赔偿责任。
A certification services provider is under a duty to refrain from creating or accessing the signature creation data of the signatories, and may be liable for acts of its employees that deliberately do so.
As indicated earlier, the UNCITRAL Model Law on Electronic Signatures assumes that the certification services provider may issue various levels of certificates with varying degrees of reliability and security.
Accordingly, the Model Law does not require a certification services provider to always make available a revocation system, which may not be commercially reasonable for certain types of low-value certificate.
交叉认证指的是通常以合同的形式承认另一家认证服务提供人的公钥达到约定信任程度的做法。
Cross certification refers to the practice of recognizing another certification services provider' s public key to an agreed level of confidence, normally by virtue of a contract.
根据该标准,对于任何可以合理地预见到将依赖虚假陈述的人,签名人或认证服务提供人都将承担赔偿责任;.
Under this standard, the signatory or the certification services provider will be liable to any person for whom reliance on the false representations was reasonably foreseeable;
The relations between the certification services provider and the signatory are typically of a contractual nature and, therefore, liability will typically be based on a breach of either party' s contractual obligations.
为了确定在这种情形下哪些范围内的人可以对认证服务提供人提出有效的主张,基本上有三个标准可以使用:.
There are basically three standards that may be used to define the spectrum of persons who in such a situation may validly assert claims against the certification services provider.
Several other domestic laws support those contractual practices by recognizing a limit on the liability of the certification services provider towards any potentially affected party.
Furthermore, once the damage was discovered, all certificates issued by the certification services provider would need to be revoked, resulting in a potentially massive claim by the entire signatory community for loss of use.
This approach is adopted in the UNCITRAL Model Law on Electronic Signatures, which indicates the duties relating to the conduct of the signatory(art. 8), of the certification services provider(art. 9) and of the relying party(art. 11).
的Java认证服务提供接口.
The Java Authentication Service Provider Interface.
欧洲联盟电子签名指令》未对认证服务提供人可能承担的赔偿责任设定上限。
The European Union Directive on electronic signatures does not establish a cap for the liability that the certification services provider may incur.
在这类情形下,认证服务提供人不应对超出该最高限额所造成的损害承担赔偿责任。
In such a case the certification services provider shall not be liable for damage resulting from this maximum limit being exceeded.
应当指出的是,无论是依赖方的明示义务还是默示义务,对认证服务提供人来说都无关紧要。
It should be noted that the express or implied duties of the relying party are not irrelevant for the certification services provider.
在此情形下,关键问题是确定认证服务提供人(或在该事项上签名人)对哪些人负有谨慎义务。
In this case, the issue at stake is to determine what is the spectrum of persons to whom a certification services provider(or the signatory for that matter) would owe a duty of care.
如上所述,在交叉承认方面,决定是否信任外国证书的是依赖方,而不是其认证服务提供人。
As said above, in cross recognition the decision to trust a foreign certificate lies with the relying party, not with its certification services provider.
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