keyboard_tab EIDAS 2014/0910 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Article 9 Notification
- 2 Article 10 Security breach
- 1 Article 17 Supervisory body
- 2 Article 19 Security requirements applicable to trust service providers
- 1 Article 22 Trusted lists
- 2 Article 31 Publication of a list of certified qualified electronic signature creation devices
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
ELECTRONIC IDENTIFICATION
CHAPTER III
TRUST SERVICES
SECTION 1
General provisions
SECTION 2
Supervision
SECTION 3
Qualified trust services
SECTION 4
Electronic signatures
SECTION 5
Electronic seals
SECTION 6
Electronic time stamps
SECTION 7
Electronic registered delivery services
SECTION 8
Website authentication
CHAPTER IV
ELECTRONIC DOCUMENTS
CHAPTER V
DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS
CHAPTER VI
FINAL PROVISIONS
- electronic identification
- electronic identification means
- person identification data
- electronic identification scheme
- authentication
- relying party
- public sector body
- body governed by public law
- signatory
- electronic signature
- advanced electronic signature
- qualified electronic signature
- electronic signature creation data
- certificate for electronic signature
- qualified certificate for electronic signature
- trust service
- qualified trust service
- conformity assessment body
- trust service provider
- qualified trust service provider
- product
- electronic signature creation device
- qualified electronic signature creation device
- creator of a seal
- electronic seal
- advanced electronic seal
- qualified electronic seal
- electronic seal creation data
- certificate for electronic seal
- qualified certificate for electronic seal
- electronic seal creation device
- qualified electronic seal creation device
- electronic time stamp
- qualified electronic time stamp
- electronic document
- electronic registered delivery service
- qualified electronic registered delivery service
- certificate for website authentication
- qualified certificate for website authentication
- validation data
- validation
- shall 45
- article 29
- referred 28
- commission 27
- member 25
- supervisory 21
- paragraph 19
- trust_service 18
- body 17
- states 15
- state 15
- security 14
- information 14
- providers 14
- qualified 14
- accordance 13
- delay 13
- without 13
- breach 13
- implementing 12
- undue 11
- electronic_identification 11
- scheme 11
- authentication 11
- acts 11
- notify 9
- the 9
- list 9
- inform 9
- trusted 8
- publish 8
- integrity 7
- notified 7
- means 7
- notifying 7
- loss 7
- bodies 7
- lists 7
- procedure 6
- provide 6
- applicable 6
- from 6
- member 6
- cross-border 6
- compromised 5
- trust_services 5
- adopted 5
- define 5
- requirements 5
- examination 5
Article 10
Security breach
1. Where either the electronic_identification scheme notified pursuant to Article 9(1) or the authentication referred to in point (f) of Article 7 is breached or partly compromised in a manner that affects the reliability of the cross-border authentication of that scheme, the notifying Member State shall, without delay, suspend or revoke that cross-border authentication or the compromised parts concerned, and shall inform other Member States and the Commission.
2. When the breach or compromise referred to in paragraph 1 is remedied, the notifying Member State shall re-establish the cross-border authentication and shall inform other Member States and the Commission without undue delay.
3. If the breach or compromise referred to in paragraph 1 is not remedied within three months of the suspension or revocation, the notifying Member State shall notify other Member States and the Commission of the withdrawal of the electronic_identification scheme.
The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 9(2) without undue delay.
Article 9
Notification
1. The notifying Member State shall notify to the Commission the following information and, without undue delay, any subsequent changes thereto:
(a) | a description of the electronic_identification scheme, including its assurance levels and the issuer or issuers of electronic_identification means under the scheme; |
(b) | the applicable supervisory regime and information on the liability regime with respect to the following:
|
(c) | the authority or authorities responsible for the electronic_identification scheme; |
(d) | information on the entity or entities which manage the registration of the unique person_identification_data; |
(e) | a description of how the requirements set out in the implementing acts referred to in Article 12(8) are met; |
(f) | a description of the authentication referred to in point (f) of Article 7; |
(g) | arrangements for suspension or revocation of either the notified electronic_identification scheme or authentication or the compromised parts concerned. |
2. One year from the date of application of the implementing acts referred to in Articles 8(3) and 12(8), the Commission shall publish in the Official Journal of the European Union a list of the electronic_identification schemes which were notified pursuant to paragraph 1 of this Article and the basic information thereon.
3. If the Commission receives a notification after the expiry of the period referred to in paragraph 2, it shall publish in the Official Journal of the European Union the amendments to the list referred to in paragraph 2 within two months from the date of receipt of that notification.
4. A Member State may submit to the Commission a request to remove an electronic_identification scheme notified by that Member State from the list referred to in paragraph 2. The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list within one month from the date of receipt of the Member State’s request.
5. The Commission may, by means of implementing acts, define the circumstances, formats and procedures of notifications under paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 10
Security breach
1. Where either the electronic_identification scheme notified pursuant to Article 9(1) or the authentication referred to in point (f) of Article 7 is breached or partly compromised in a manner that affects the reliability of the cross-border authentication of that scheme, the notifying Member State shall, without delay, suspend or revoke that cross-border authentication or the compromised parts concerned, and shall inform other Member States and the Commission.
2. When the breach or compromise referred to in paragraph 1 is remedied, the notifying Member State shall re-establish the cross-border authentication and shall inform other Member States and the Commission without undue delay.
3. If the breach or compromise referred to in paragraph 1 is not remedied within three months of the suspension or revocation, the notifying Member State shall notify other Member States and the Commission of the withdrawal of the electronic_identification scheme.
The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 9(2) without undue delay.
Article 17
Supervisory body
1. Member States shall designate a supervisory body established in their territory or, upon mutual agreement with another Member State, a supervisory body established in that other Member State. That body shall be responsible for supervisory tasks in the designating Member State.
Supervisory bodies shall be given the necessary powers and adequate resources for the exercise of their tasks.
2. Member States shall notify to the Commission the names and the addresses of their respective designated supervisory bodies.
3. The role of the supervisory body shall be the following:
(a) | to supervise qualified trust_service providers established in the territory of the designating Member State to ensure, through ex ante and ex post supervisory activities, that those qualified trust_service providers and the qualified trust_services that they provide meet the requirements laid down in this Regulation; |
(b) | to take action if necessary, in relation to non-qualified trust_service providers established in the territory of the designating Member State, through ex post supervisory activities, when informed that those non-qualified trust_service providers or the trust_services they provide allegedly do not meet the requirements laid down in this Regulation. |
4. For the purposes of paragraph 3 and subject to the limitations provided therein, the tasks of the supervisory body shall include in particular:
(a) | to cooperate with other supervisory bodies and provide them with assistance in accordance with Article 18; |
(b) | to analyse the conformity assessment reports referred to in Articles 20(1) and 21(1); |
(c) | to inform other supervisory bodies and the public about breaches of security or loss of integrity in accordance with Article 19(2); |
(d) | to report to the Commission about its main activities in accordance with paragraph 6 of this Article; |
(e) | to carry out audits or request a conformity_assessment_body to perform a conformity assessment of the qualified trust_service providers in accordance with Article 20(2); |
(f) | to cooperate with the data protection authorities, in particular, by informing them without undue delay, about the results of audits of qualified trust_service providers, where personal data protection rules appear to have been breached; |
(g) | to grant qualified status to trust_service providers and to the services they provide and to withdraw this status in accordance with Articles 20 and 21; |
(h) | to inform the body responsible for the national trusted list referred to in Article 22(3) about its decisions to grant or to withdraw qualified status, unless that body is also the supervisory body; |
(i) | to verify the existence and correct application of provisions on termination plans in cases where the qualified trust_service provider ceases its activities, including how information is kept accessible in accordance with point (h) of Article 24(2); |
(j) | to require that trust_service providers remedy any failure to fulfil the requirements laid down in this Regulation. |
5. Member States may require the supervisory body to establish, maintain and update a trust infrastructure in accordance with the conditions under national law.
6. By 31 March each year, each supervisory body shall submit to the Commission a report on its previous calendar year’s main activities together with a summary of breach notifications received from trust_service providers in accordance with Article 19(2).
7. The Commission shall make the annual report referred to in paragraph 6 available to Member States.
8. The Commission may, by means of implementing acts, define the formats and procedures for the report referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 19
Security requirements applicable to trust_service providers
1. Qualified and non-qualified trust_service providers shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust_services they provide. Having regard to the latest technological developments, those measures shall ensure that the level of security is commensurate to the degree of risk. In particular, measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of the adverse effects of any such incidents.
2. Qualified and non-qualified trust_service providers shall, without undue delay but in any event within 24 hours after having become aware of it, notify the supervisory body and, where applicable, other relevant bodies, such as the competent national body for information security or the data protection authority, of any breach of security or loss of integrity that has a significant impact on the trust_service provided or on the personal data maintained therein.
Where the breach of security or loss of integrity is likely to adversely affect a natural or legal person to whom the trusted service has been provided, the trust_service provider shall also notify the natural or legal person of the breach of security or loss of integrity without undue delay.
Where appropriate, in particular if a breach of security or loss of integrity concerns two or more Member States, the notified supervisory body shall inform the supervisory bodies in other Member States concerned and ENISA.
The notified supervisory body shall inform the public or require the trust_service provider to do so, where it determines that disclosure of the breach of security or loss of integrity is in the public interest.
3. The supervisory body shall provide ENISA once a year with a summary of notifications of breach of security and loss of integrity received from trust_service providers.
4. The Commission may, by means of implementing acts,:
(a) | further specify the measures referred to in paragraph 1; and |
(b) | define the formats and procedures, including deadlines, applicable for the purpose of paragraph 2. |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 3
Qualified trust_services
Article 22
Trusted lists
1. Each Member State shall establish, maintain and publish trusted lists, including information related to the qualified trust_service providers for which it is responsible, together with information related to the qualified trust_services provided by them.
2. Member States shall establish, maintain and publish, in a secured manner, the electronically signed or sealed trusted lists referred to in paragraph 1 in a form suitable for automated processing.
3. Member States shall notify to the Commission, without undue delay, information on the body responsible for establishing, maintaining and publishing national trusted lists, and details of where such lists are published, the certificates used to sign or seal the trusted lists and any changes thereto.
4. The Commission shall make available to the public, through a secure channel, the information referred to in paragraph 3 in electronically signed or sealed form suitable for automated processing.
5. By 18 September 2015 the Commission shall, by means of implementing acts, specify the information referred to in paragraph 1 and define the technical specifications and formats for trusted lists applicable for the purposes of paragraphs 1 to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 31
Publication of a list of certified qualified electronic_signature creation devices
1. Member States shall notify to the Commission without undue delay and no later than one month after the certification is concluded, information on qualified electronic_signature creation devices that have been certified by the bodies referred to in Article 30(1). They shall also notify to the Commission, without undue delay and no later than one month after the certification is cancelled, information on electronic_signature creation devices that are no longer certified.
2. On the basis of the information received, the Commission shall establish, publish and maintain a list of certified qualified electronic_signature creation devices.
3. The Commission may, by means of implementing acts, define formats and procedures applicable for the purpose of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
whereas