EIDAS 2014/0910 EN

1. Without prejudice to paragraph 2, trust_service providers shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation.

The burden of proving intention or negligence of a non-qualified trust_service provider shall lie with the natural or legal person claiming the damage referred to in the first subparagraph.

The intention or negligence of a qualified trust_service provider shall be presumed unless that qualified trust_service provider proves that the damage referred to in the first subparagraph occurred without the intention or negligence of that qualified trust_service provider.

2. Where trust_service providers duly inform their customers in advance of the limitations on the use of the services they provide and where those limitations are recognisable to third parties, trust_service providers shall not be liable for damages arising from the use of services exceeding the indicated limitations.

3. Paragraphs 1 and 2 shall be applied in accordance with national rules on liability.

whereas

(1) Building trust in the online environment is key to economic and social...

(2) This Regulation seeks to enhance trust in electronic transactions in t...

(3) Directive 1999/93/EC of the European Parliament and of the Council (3...

(4) The Commission communication of 26 August 2010 entitled ‘A Digital A...

(5) In its conclusions of 4 February 2011 and of 23 October 2011, the Euro...

(6) In its conclusions of 27 May 2011, the Council invited the Commission ...

(7) The European Parliament, in its resolution of 21 September 2010 on com...

(8) Directive 2006/123/EC of the European Parliament and of the Council (...

(9) In most cases, citizens cannot use their electronic_identification to ...

(10) Directive 2011/24/EU of the European Parliament and of the Council (6...

(11) This Regulation should be applied in full compliance with the principl...

(12) One of the objectives of this Regulation is to remove existing barrier...

(13) Member States should remain free to use or to introduce means for the ...

(14) Some conditions need to be set out in this Regulation with regard to w...

(15) The obligation to recognise electronic_identification means should rel...

(16) Assurance levels should characterise the degree of confidence in elect...

(17) Member States should encourage the private sector to voluntarily use e...

(18) This Regulation should provide for the liability of the notifying Memb...

(19) The security of electronic_identification schemes is key to trustworth...

(20) Cooperation by Member States should facilitate the technical interoper...

(21) This Regulation should also establish a general legal framework for th...

(22) In order to contribute to their general cross-border use, it should be...

(23) To the extent that this Regulation creates an obligation to recognise ...

(24) Member States may maintain or introduce national provisions, in confor...

(25) Member States should remain free to define other types of trust servic...

(26) Because of the pace of technological change, this Regulation should ad...

(27) This Regulation should be technology-neutral. The legal effects it gra...

(28) To enhance in particular the trust of small and medium-sized enterpris...

(29) In line with the obligations under the United Nations Convention on th...

(30) Member States should designate a supervisory body or supervisory bodie...

(31) Supervisory bodies should cooperate with data protection authorities, ...

(32) It should be incumbent on all trust_service providers to apply good se...

(33) Provisions on the use of pseudonyms in certificates should not prevent...

(34) All Member States should follow common essential supervision requireme...

(35) All trust_service providers should be subject to the requirements of t...

(36) Establishing a supervisory regime for all trust_service providers shou...

(37) This Regulation should provide for the liability of all trust_service ...

(38) Notification of security breaches and security risk assessments is ess...

(39) To enable the Commission and the Member States to assess the effective...

(40) To enable the Commission and the Member States to assess the effective...

(41) To ensure sustainability and durability of qualified trust_services an...

(42) To facilitate the supervision of qualified trust_service providers, fo...

(43) In order to ensure the compliance of qualified trust_service providers...

(44) This Regulation aims to ensure a coherent framework with a view to pro...

(45) In order to allow an efficient initiation process, which should lead t...

(46) Trusted lists are essential elements in the building of trust among ma...

(47) Confidence in and convenience of online services are essential for use...

(48) While a high level of security is needed to ensure mutual recognition ...

(49) This Regulation should establish the principle that an electronic sign...

(50) As competent authorities in the Member States currently use different ...

(51) It should be possible for the signatory to entrust qualified electroni...

(52) The creation of remote electronic_signatures, where the electronic sig...

(53) The suspension of qualified certificates is an established operational...

(54) Cross-border interoperability and recognition of qualified certificate...

(55) IT security certification based on international standards such as ISO...

(56) This Regulation should lay down requirements for qualified electronic ...

(57) To ensure legal certainty as regards the validity of the signature, it...

(58) When a transaction requires a qualified electronic_seal from a legal p...

(59) Electronic seals should serve as evidence that an electronic_document ...

(60) Trust service providers issuing qualified certificates for electronic ...

(61) This Regulation should ensure the long-term preservation of informatio...

(62) In order to ensure the security of qualified electronic_time_stamps, t...

(63) Electronic documents are important for further development of cross-bo...

(64) When addressing formats of advanced electronic_signatures and seals, t...

(65) In addition to authenticating the document issued by the legal person,...

(66) It is essential to provide for a legal framework to facilitate cross-b...

(67) Website authentication services provide a means by which a visitor to ...

(68) The concept of ‘legal persons’, according to the provisions of the...

(69) The Union institutions, bodies, offices and agencies are encouraged to...

(70) In order to complement certain detailed technical aspects of this Regu...

(71) In order to ensure uniform conditions for the implementation of this R...

(72) When adopting delegated or implementing acts, the Commission should ta...

(73) For reasons of legal certainty and clarity, Directive 1999/93/EC shoul...

(74) To ensure legal certainty for market operators already using qualified...

(75) The application dates set out in this Regulation do not affect existin...

(76) Since the objectives of this Regulation cannot be sufficiently achieve...

(77) The European Data Protection Supervisor was consulted in accordance wi...

keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN