It is apparent that in the eIDAS Regulation, liability rules play a pivotal role, of the same importance of that played beforehand by the liability rules contained in Dir. N. 1999/93/EC, particularly in Article 6. The different liability regimes that are examined here, although each one characterized by peculiar features, appear overall to adopt a rather burdensome approach, in spite of the generalized rejection of a regime of strict liability. For a jurisdiction like Italy, which – as is common knowledge – is characterized, even in the digital sector, by the preponderance of small and medium enterprises, the eIDAS Regulation stands more as a threat than a chance.
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