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
- 3 Article 11 Liability
- 1 Article 13 Liability and burden of proof
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
- trust_service 14
- shall 14
- damage 9
- provider 8
- article 7
- natural 7
- liability 7
- liable 7
- person 7
- legal 7
- limitations 6
- qualified 6
- referred 6
- negligence 6
- intention 6
- providers 6
- negligently 5
- caused 5
- failure 5
- under 5
- intentionally 5
- first 4
- services 4
- burden 4
- paragraphs 4
- national 4
- subparagraph 4
- transaction 4
- comply 4
- without 3
- obligations 3
- prejudice 3
- parties 3
- the 3
- rules 3
- accordance 3
- cross-border 3
- applied 3
- electronic_identification 3
- arising 2
- from 2
- means 2
- authentication 2
- exceeding 2
- indicated 2
- party 2
- point 2
- damages 2
- advance 2
- third 2
Article 13
Liability and burden of proof
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.
Article 11
Liability
1. The notifying Member State shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with its obligations under points (d) and (f) of Article 7 in a cross-border transaction.
2. The party issuing the electronic_identification means shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligation referred to in point (e) of Article 7 in a cross-border transaction.
3. The party operating the authentication procedure shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to ensure the correct operation of the authentication referred to in point (f) of Article 7 in a cross-border transaction.
4. Paragraphs 1, 2 and 3 shall be applied in accordance with national rules on liability.
5. Paragraphs 1, 2 and 3 are without prejudice to the liability under national law of parties to a transaction in which electronic_identification means falling under the electronic_identification scheme notified pursuant to Article 9(1) are used.
Article 13
Liability and burden of proof
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