The accelerated and continued development of information technology and telecommunications led to an unprecedented growth of the possibilities to conduct activities in any field, especially in the economic, financial, administrative and legal areas. Currently, we can remotely access information resources, conclude contracts, we have and use electronic payment methods, we use systems to electronically transfer money and trade and many of the like. Thus, development of a trusted context is a prerequisite, given the potential risks, which may occur when we perform activities using on-line electronic systems: party identification, data transfer, securing payments, also taking into account the legal framework still insufficiently clear about consumer protection. Any economic activity is prone to fraud, so issues arise when it is found that resolving these conflicts requires increased attention, especially in the field of electronic trade. At European Union level, these issues have been and are being hotly debated, with the Union aiming to provide a common basis for secure electronic interactions between citizens, businesses and public authorities, in order to increase the efficiency of online public and private sector services, ebusiness and e-commerce in the Union. This paper proposes a brief foray into the Union and national legislative framework governing the use of electronic signature and an overview of the most important risks that its use may raise, especially from the perspective of cybercrime.