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- 1 Article 1 Subject matter
- 22 Article 3 Definitions
- 1 Article 24 Requirements for qualified trust service providers
- 6 Article 25 Legal effects of electronic signatures
- 3 Article 26 Requirements for advanced electronic signatures
- 14 Article 27 Electronic signatures in public services
- 10 Article 28 Qualified certificates for electronic signatures
- 4 Article 29 Requirements for qualified electronic signature creation devices
- 2 Article 30 Certification of qualified electronic signature creation devices
- 4 Article 31 Publication of a list of certified qualified electronic signature creation devices
- 9 Article 32 Requirements for the validation of qualified electronic signatures
- 4 Article 33 Qualified validation service for qualified electronic signatures
- 5 Article 34 Qualified preservation service for qualified electronic signatures
- 1 Article 42 Requirements for qualified electronic time stamps
- 1 Article 44 Requirements for qualified electronic registered delivery services
- 2 Article 51 Transitional measures
- Article 52 Entry into force
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
- electronic 177
- qualified 145
- means 107
- signature 94
- shall 83
- data 80
- article 65
- certificate 64
- creation 58
- which 53
- trust_service 52
- requirements 51
- electronic_seal 46
- person 43
- signatures 42
- legal 42
- provider 39
- referred 35
- natural 35
- advanced 33
- down 32
- acts 31
- implementing 30
- used 29
- laid 28
- certificates 28
- meets 28
- form 25
- accordance 24
- issued 24
- standards 23
- service 23
- commission 22
- ‘qualified 22
- annex 21
- electronic_identification 20
- member 20
- under 20
- least 20
- paragraph 19
- time 19
- point 18
- website 17
- european 16
- process 16
- regulation 16
- validation 16
- such 15
- state 15
- services 15
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) | ‘ electronic_identification’ means the process of using person_identification_data in electronic form uniquely representing either a natural or legal person, or a natural person representing a legal person; |
(2) | ‘ electronic_identification means’ means a material and/or immaterial unit containing person_identification_data and which is used for authentication for an online service; |
(3) | ‘ person_identification_data’ means a set of data enabling the identity of a natural or legal person, or a natural person representing a legal person to be established; |
(4) | ‘ electronic_identification scheme’ means a system for electronic_identification under which electronic_identification means are issued to natural or legal persons, or natural persons representing legal persons; |
(5) | ‘ authentication’ means an electronic process that enables the electronic_identification of a natural or legal person, or the origin and integrity of data in electronic form to be confirmed; |
(6) | ‘ relying_party’ means a natural or legal person that relies upon an electronic_identification or a trust_service; |
(7) | ‘ public_sector_body’ means a state, regional or local authority, a body_governed_by_public_law or an association formed by one or several such authorities or one or several such bodies governed by public law, or a private entity mandated by at least one of those authorities, bodies or associations to provide public services, when acting under such a mandate; |
(8) | ‘ body_governed_by_public_law’ means a body defined in point (4) of Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council (15); |
(9) | ‘ signatory’ means a natural person who creates an electronic signature; |
(10) | ‘ electronic signature’ means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign; |
(11) | ‘advanced electronic signature’ means an electronic signature which meets the requirements set out in Article 26; |
(12) | ‘qualified electronic signature’ means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures; |
(13) | ‘ electronic signature creation data’ means unique data which is used by the signatory to create an electronic signature; |
(14) | ‘certificate for electronic signature’ means an electronic attestation which links electronic signature validation_data to a natural person and confirms at least the name or the pseudonym of that person; |
(15) | ‘qualified certificate for electronic signature’ means a certificate for electronic signatures, that is issued by a qualified trust_service provider and meets the requirements laid down in Annex I; |
(16) | ‘ trust_service’ means an electronic service normally provided for remuneration which consists of:
|
(17) | ‘qualified trust_service’ means a trust_service that meets the applicable requirements laid down in this Regulation; |
(18) | ‘ conformity_assessment_body’ means a body defined in point 13 of Article 2 of Regulation (EC) No 765/2008, which is accredited in accordance with that Regulation as competent to carry out conformity assessment of a qualified trust_service provider and the qualified trust_services it provides; |
(19) | ‘ trust_service provider’ means a natural or a legal person who provides one or more trust_services either as a qualified or as a non-qualified trust_service provider; |
(20) | ‘qualified trust_service provider’ means a trust_service provider who provides one or more qualified trust_services and is granted the qualified status by the supervisory body; |
(21) | ‘ product’ means hardware or software, or relevant components of hardware or software, which are intended to be used for the provision of trust_services; |
(22) | ‘ electronic signature creation device’ means configured software or hardware used to create an electronic signature; |
(23) | ‘qualified electronic signature creation device’ means an electronic signature creation device that meets the requirements laid down in Annex II; |
(24) | ‘ creator_of_a_seal’ means a legal person who creates an electronic_seal; |
(25) | ‘ electronic_seal’ means data in electronic form, which is attached to or logically associated with other data in electronic form to ensure the latter’s origin and integrity; |
(26) | ‘advanced electronic_seal’ means an electronic_seal, which meets the requirements set out in Article 36; |
(27) | ‘qualified electronic_seal’ means an advanced electronic_seal, which is created by a qualified electronic_seal creation device, and that is based on a qualified certificate for electronic_seal; |
(28) | ‘ electronic_seal creation data’ means unique data, which is used by the creator of the electronic_seal to create an electronic_seal; |
(29) | ‘certificate for electronic_seal’ means an electronic attestation that links electronic_seal validation_data to a legal person and confirms the name of that person; |
(30) | ‘qualified certificate for electronic_seal’ means a certificate for an electronic_seal, that is issued by a qualified trust_service provider and meets the requirements laid down in Annex III; |
(31) | ‘ electronic_seal creation device’ means configured software or hardware used to create an electronic_seal; |
(32) | ‘qualified electronic_seal creation device’ means an electronic_seal creation device that meets mutatis mutandis the requirements laid down in Annex II; |
(33) | ‘ electronic_time_stamp’ means data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time; |
(34) | ‘qualified electronic_time_stamp’ means an electronic_time_stamp which meets the requirements laid down in Article 42; |
(35) | ‘ electronic_document’ means any content stored in electronic form, in particular text or sound, visual or audiovisual recording; |
(36) | ‘ electronic_registered_delivery_service’ means a service that makes it possible to transmit data between third parties by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations; |
(37) | ‘qualified electronic_registered_delivery_service’ means an electronic_registered_delivery_service which meets the requirements laid down in Article 44; |
(38) | ‘certificate for website authentication’ means an attestation that makes it possible to authenticate a website and links the website to the natural or legal person to whom the certificate is issued; |
(39) | ‘qualified certificate for website authentication’ means a certificate for website authentication, which is issued by a qualified trust_service provider and meets the requirements laid down in Annex IV; |
(40) | ‘ validation_data’ means data that is used to validate an electronic signature or an electronic_seal; |
(41) | ‘ validation’ means the process of verifying and confirming that an electronic signature or a seal is valid. |
Article 1
Subject matter
With a view to ensuring the proper functioning of the internal market while aiming at an adequate level of security of electronic_identification means and trust_services this Regulation:
(a) | lays down the conditions under which Member States recognise electronic_identification means of natural and legal persons falling under a notified electronic_identification scheme of another Member State; |
(b) | lays down rules for trust_services, in particular for electronic transactions; and |
(c) | establishes a legal framework for electronic signatures, electronic_seals, electronic_time_stamps, electronic_documents, electronic_registered_delivery_services and certificate services for website authentication. |
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) | ‘ electronic_identification’ means the process of using person_identification_data in electronic form uniquely representing either a natural or legal person, or a natural person representing a legal person; |
(2) | ‘ electronic_identification means’ means a material and/or immaterial unit containing person_identification_data and which is used for authentication for an online service; |
(3) | ‘ person_identification_data’ means a set of data enabling the identity of a natural or legal person, or a natural person representing a legal person to be established; |
(4) | ‘ electronic_identification scheme’ means a system for electronic_identification under which electronic_identification means are issued to natural or legal persons, or natural persons representing legal persons; |
(5) | ‘ authentication’ means an electronic process that enables the electronic_identification of a natural or legal person, or the origin and integrity of data in electronic form to be confirmed; |
(6) | ‘ relying_party’ means a natural or legal person that relies upon an electronic_identification or a trust_service; |
(7) | ‘ public_sector_body’ means a state, regional or local authority, a body_governed_by_public_law or an association formed by one or several such authorities or one or several such bodies governed by public law, or a private entity mandated by at least one of those authorities, bodies or associations to provide public services, when acting under such a mandate; |
(8) | ‘ body_governed_by_public_law’ means a body defined in point (4) of Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council (15); |
(9) | ‘ signatory’ means a natural person who creates an electronic signature; |
(10) | ‘ electronic signature’ means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign; |
(11) | ‘advanced electronic signature’ means an electronic signature which meets the requirements set out in Article 26; |
(12) | ‘qualified electronic signature’ means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures; |
(13) | ‘ electronic signature creation data’ means unique data which is used by the signatory to create an electronic signature; |
(14) | ‘certificate for electronic signature’ means an electronic attestation which links electronic signature validation_data to a natural person and confirms at least the name or the pseudonym of that person; |
(15) | ‘qualified certificate for electronic signature’ means a certificate for electronic signatures, that is issued by a qualified trust_service provider and meets the requirements laid down in Annex I; |
(16) | ‘ trust_service’ means an electronic service normally provided for remuneration which consists of:
|
(17) | ‘qualified trust_service’ means a trust_service that meets the applicable requirements laid down in this Regulation; |
(18) | ‘ conformity_assessment_body’ means a body defined in point 13 of Article 2 of Regulation (EC) No 765/2008, which is accredited in accordance with that Regulation as competent to carry out conformity assessment of a qualified trust_service provider and the qualified trust_services it provides; |
(19) | ‘ trust_service provider’ means a natural or a legal person who provides one or more trust_services either as a qualified or as a non-qualified trust_service provider; |
(20) | ‘qualified trust_service provider’ means a trust_service provider who provides one or more qualified trust_services and is granted the qualified status by the supervisory body; |
(21) | ‘ product’ means hardware or software, or relevant components of hardware or software, which are intended to be used for the provision of trust_services; |
(22) | ‘ electronic signature creation device’ means configured software or hardware used to create an electronic signature; |
(23) | ‘qualified electronic signature creation device’ means an electronic signature creation device that meets the requirements laid down in Annex II; |
(24) | ‘ creator_of_a_seal’ means a legal person who creates an electronic_seal; |
(25) | ‘ electronic_seal’ means data in electronic form, which is attached to or logically associated with other data in electronic form to ensure the latter’s origin and integrity; |
(26) | ‘advanced electronic_seal’ means an electronic_seal, which meets the requirements set out in Article 36; |
(27) | ‘qualified electronic_seal’ means an advanced electronic_seal, which is created by a qualified electronic_seal creation device, and that is based on a qualified certificate for electronic_seal; |
(28) | ‘ electronic_seal creation data’ means unique data, which is used by the creator of the electronic_seal to create an electronic_seal; |
(29) | ‘certificate for electronic_seal’ means an electronic attestation that links electronic_seal validation_data to a legal person and confirms the name of that person; |
(30) | ‘qualified certificate for electronic_seal’ means a certificate for an electronic_seal, that is issued by a qualified trust_service provider and meets the requirements laid down in Annex III; |
(31) | ‘ electronic_seal creation device’ means configured software or hardware used to create an electronic_seal; |
(32) | ‘qualified electronic_seal creation device’ means an electronic_seal creation device that meets mutatis mutandis the requirements laid down in Annex II; |
(33) | ‘ electronic_time_stamp’ means data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time; |
(34) | ‘qualified electronic_time_stamp’ means an electronic_time_stamp which meets the requirements laid down in Article 42; |
(35) | ‘ electronic_document’ means any content stored in electronic form, in particular text or sound, visual or audiovisual recording; |
(36) | ‘ electronic_registered_delivery_service’ means a service that makes it possible to transmit data between third parties by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations; |
(37) | ‘qualified electronic_registered_delivery_service’ means an electronic_registered_delivery_service which meets the requirements laid down in Article 44; |
(38) | ‘certificate for website authentication’ means an attestation that makes it possible to authenticate a website and links the website to the natural or legal person to whom the certificate is issued; |
(39) | ‘qualified certificate for website authentication’ means a certificate for website authentication, which is issued by a qualified trust_service provider and meets the requirements laid down in Annex IV; |
(40) | ‘ validation_data’ means data that is used to validate an electronic signature or an electronic_seal; |
(41) | ‘ validation’ means the process of verifying and confirming that an electronic signature or a seal is valid. |
Article 24
Requirements for qualified trust_service providers
1. When issuing a qualified certificate for a trust_service, a qualified trust_service provider shall verify, by appropriate means and in accordance with national law, the identity and, if applicable, any specific attributes of the natural or legal person to whom the qualified certificate is issued.
The information referred to in the first subparagraph shall be verified by the qualified trust_service provider either directly or by relying on a third party in accordance with national law:
(a) | by the physical presence of the natural person or of an authorised representative of the legal person; or |
(b) | remotely, using electronic_identification means, for which prior to the issuance of the qualified certificate, a physical presence of the natural person or of an authorised representative of the legal person was ensured and which meets the requirements set out in Article 8 with regard to the assurance levels ‘substantial’ or ‘high’; or |
(c) | by means of a certificate of a qualified electronic signature or of a qualified electronic_seal issued in compliance with point (a) or (b); or |
(d) | by using other identification methods recognised at national level which provide equivalent assurance in terms of reliability to physical presence. The equivalent assurance shall be confirmed by a conformity_assessment_body. |
2. A qualified trust_service provider providing qualified trust_services shall:
(a) | inform the supervisory body of any change in the provision of its qualified trust_services and an intention to cease those activities; |
(b) | employ staff and, if applicable, subcontractors who possess the necessary expertise, reliability, experience, and qualifications and who have received appropriate training regarding security and personal data protection rules and shall apply administrative and management procedures which correspond to European or international standards; |
(c) | with regard to the risk of liability for damages in accordance with Article 13, maintain sufficient financial resources and/or obtain appropriate liability insurance, in accordance with national law; |
(d) | before entering into a contractual relationship, inform, in a clear and comprehensive manner, any person seeking to use a qualified trust_service of the precise terms and conditions regarding the use of that service, including any limitations on its use; |
(e) | use trustworthy systems and products that are protected against modification and ensure the technical security and reliability of the processes supported by them; |
(f) | use trustworthy systems to store data provided to it, in a verifiable form so that:
|
(g) | take appropriate measures against forgery and theft of data; |
(h) | record and keep accessible for an appropriate period of time, including after the activities of the qualified trust_service provider have ceased, all relevant information concerning data issued and received by the qualified trust_service provider, in particular, for the purpose of providing evidence in legal proceedings and for the purpose of ensuring continuity of the service. Such recording may be done electronically; |
(i) | have an up-to-date termination plan to ensure continuity of service in accordance with provisions verified by the supervisory body under point (i) of Article 17(4); |
(j) | ensure lawful processing of personal data in accordance with Directive 95/46/EC; |
(k) | in case of qualified trust_service providers issuing qualified certificates, establish and keep updated a certificate database. |
3. If a qualified trust_service provider issuing qualified certificates decides to revoke a certificate, it shall register such revocation in its certificate database and publish the revocation status of the certificate in a timely manner, and in any event within 24 hours after the receipt of the request. The revocation shall become effective immediately upon its publication.
4. With regard to paragraph 3, qualified trust_service providers issuing qualified certificates shall provide to any relying_party information on the validity or revocation status of qualified certificates issued by them. This information shall be made available at least on a per certificate basis at any time and beyond the validity period of the certificate in an automated manner that is reliable, free of charge and efficient.
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products, which comply with the requirements under points (e) and (f) of paragraph 2 of this Article. Compliance with the requirements laid down in this Article shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 4
Electronic signatures
Article 25
Legal effects of electronic signatures
1. An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.
2. A qualified electronic signature shall have the equivalent legal effect of a handwritten signature.
3. A qualified electronic signature based on a qualified certificate issued in one Member State shall be recognised as a qualified electronic signature in all other Member States.
Article 26
Requirements for advanced electronic signatures
An advanced electronic signature shall meet the following requirements:
(a) | it is uniquely linked to the signatory; |
(b) | it is capable of identifying the signatory; |
(c) | it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and |
(d) | it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable. |
Article 27
Electronic signatures in public services
1. If a Member State requires an advanced electronic signature to use an online service offered by, or on behalf of, a public_sector_body, that Member State shall recognise advanced electronic signatures, advanced electronic signatures based on a qualified certificate for electronic signatures, and qualified electronic signatures in at least the formats or using methods defined in the implementing acts referred to in paragraph 5.
2. If a Member State requires an advanced electronic signature based on a qualified certificate to use an online service offered by, or on behalf of, a public_sector_body, that Member State shall recognise advanced electronic signatures based on a qualified certificate and qualified electronic signatures in at least the formats or using methods defined in the implementing acts referred to in paragraph 5.
3. Member States shall not request for cross-border use in an online service offered by a public_sector_body an electronic signature at a higher security level than the qualified electronic signature.
4. The Commission may, by means of implementing acts, establish reference numbers of standards for advanced electronic signatures. Compliance with the requirements for advanced electronic signatures referred to in paragraphs 1 and 2 of this Article and in Article 26 shall be presumed when an advanced electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
5. By 18 September 2015, and taking into account existing practices, standards and Union legal acts, the Commission shall, by means of implementing acts, define reference formats of advanced electronic signatures or reference methods where alternative formats are used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 28
Qualified certificates for electronic signatures
1. Qualified certificates for electronic signatures shall meet the requirements laid down in Annex I.
2. Qualified certificates for electronic signatures shall not be subject to any mandatory requirement exceeding the requirements laid down in Annex I.
3. Qualified certificates for electronic signatures may include non-mandatory additional specific attributes. Those attributes shall not affect the interoperability and recognition of qualified electronic signatures.
4. If a qualified certificate for electronic signatures has been revoked after initial activation, it shall lose its validity from the moment of its revocation, and its status shall not in any circumstances be reverted.
5. Subject to the following conditions, Member States may lay down national rules on temporary suspension of a qualified certificate for electronic signature:
(a) | if a qualified certificate for electronic signature has been temporarily suspended that certificate shall lose its validity for the period of suspension; |
(b) | the period of suspension shall be clearly indicated in the certificate database and the suspension status shall be visible, during the period of suspension, from the service providing information on the status of the certificate. |
6. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic signature. Compliance with the requirements laid down in Annex I shall be presumed where a qualified certificate for electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 29
Requirements for qualified electronic signature creation devices
1. Qualified electronic signature creation devices shall meet the requirements laid down in Annex II.
2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified electronic signature creation devices. Compliance with the requirements laid down in Annex II shall be presumed where a qualified electronic signature creation device meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 30
Certification of qualified electronic signature creation devices
1. Conformity of qualified electronic signature creation devices with the requirements laid down in Annex II shall be certified by appropriate public or private bodies designated by Member States.
2. Member States shall notify to the Commission the names and addresses of the public or private body referred to in paragraph 1. The Commission shall make that information available to Member States.
3. The certification referred to in paragraph 1 shall be based on one of the following:
(a) | a security evaluation process carried out in accordance with one of the standards for the security assessment of information technology products included in the list established in accordance with the second subparagraph; or |
(b) | a process other than the process referred to in point (a), provided that it uses comparable security levels and provided that the public or private body referred to in paragraph 1 notifies that process to the Commission. That process may be used only in the absence of standards referred to in point (a) or when a security evaluation process referred to in point (a) is ongoing. |
The Commission shall, by means of implementing acts, establish a list of standards for the security assessment of information technology products referred to in point (a). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 47 concerning the establishment of specific criteria to be met by the designated bodies referred to in paragraph 1 of this Article.
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).
Article 32
Requirements for the validation of qualified electronic signatures
1. The process for the validation of a qualified electronic signature shall confirm the validity of a qualified electronic signature provided that:
(a) | the certificate that supports the signature was, at the time of signing, a qualified certificate for electronic signature complying with Annex I; |
(b) | the qualified certificate was issued by a qualified trust_service provider and was valid at the time of signing; |
(c) | the signature validation_data corresponds to the data provided to the relying_party; |
(d) | the unique set of data representing the signatory in the certificate is correctly provided to the relying_party; |
(e) | the use of any pseudonym is clearly indicated to the relying_party if a pseudonym was used at the time of signing; |
(f) | the electronic signature was created by a qualified electronic signature creation device; |
(g) | the integrity of the signed data has not been compromised; |
(h) | the requirements provided for in Article 26 were met at the time of signing. |
2. The system used for validating the qualified electronic signature shall provide to the relying_party the correct result of the validation process and shall allow the relying_party to detect any security relevant issues.
3. The Commission may, by means of implementing acts, establish reference numbers of standards for the validation of qualified electronic signatures. Compliance with the requirements laid down in paragraph 1 shall be presumed where the validation of qualified electronic signatures meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 33
Qualified validation service for qualified electronic signatures
1. A qualified validation service for qualified electronic signatures may only be provided by a qualified trust_service provider who:
(a) | provides validation in compliance with Article 32(1); and |
(b) | allows relying parties to receive the result of the validation process in an automated manner, which is reliable, efficient and bears the advanced electronic signature or advanced electronic_seal of the provider of the qualified validation service. |
2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified validation service referred to in paragraph 1. Compliance with the requirements laid down in paragraph 1 shall be presumed where the validation service for a qualified electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 34
Qualified preservation service for qualified electronic signatures
1. A qualified preservation service for qualified electronic signatures may only be provided by a qualified trust_service provider that uses procedures and technologies capable of extending the trustworthiness of the qualified electronic signature beyond the technological validity period.
2. The Commission may, by means of implementing acts, establish reference numbers of standards for the qualified preservation service for qualified electronic signatures. Compliance with the requirements laid down in paragraph 1 shall be presumed where the arrangements for the qualified preservation service for qualified electronic signatures meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 5
Electronic seals
Article 42
Requirements for qualified electronic_time_stamps
1. A qualified electronic_time_stamp shall meet the following requirements:
(a) | it binds the date and time to data in such a manner as to reasonably preclude the possibility of the data being changed undetectably; |
(b) | it is based on an accurate time source linked to Coordinated Universal Time; and |
(c) | it is signed using an advanced electronic signature or sealed with an advanced electronic_seal of the qualified trust_service provider, or by some equivalent method. |
2. The Commission may, by means of implementing acts, establish reference numbers of standards for the binding of date and time to data and for accurate time sources. Compliance with the requirements laid down in paragraph 1 shall be presumed where the binding of date and time to data and the accurate time source meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 7
Electronic registered delivery services
Article 44
Requirements for qualified electronic_registered_delivery_services
1. Qualified electronic_registered_delivery_services shall meet the following requirements:
(a) | they are provided by one or more qualified trust_service provider(s); |
(b) | they ensure with a high level of confidence the identification of the sender; |
(c) | they ensure the identification of the addressee before the delivery of the data; |
(d) | the sending and receiving of data is secured by an advanced electronic signature or an advanced electronic_seal of a qualified trust_service provider in such a manner as to preclude the possibility of the data being changed undetectably; |
(e) | any change of the data needed for the purpose of sending or receiving the data is clearly indicated to the sender and addressee of the data; |
(f) | the date and time of sending, receiving and any change of data are indicated by a qualified electronic_time_stamp. |
In the event of the data being transferred between two or more qualified trust_service providers, the requirements in points (a) to (f) shall apply to all the qualified trust_service providers.
2. The Commission may, by means of implementing acts, establish reference numbers of standards for processes for sending and receiving data. Compliance with the requirements laid down in paragraph 1 shall be presumed where the process for sending and receiving data meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 8
Website authentication
Article 51
Transitional measures
1. Secure signature creation devices of which the conformity has been determined in accordance with Article 3(4) of Directive 1999/93/EC shall be considered as qualified electronic signature creation devices under this Regulation.
2. Qualified certificates issued to natural persons under Directive 1999/93/EC shall be considered as qualified certificates for electronic signatures under this Regulation until they expire.
3. A certification-service-provider issuing qualified certificates under Directive 1999/93/EC shall submit a conformity assessment report to the supervisory body as soon as possible but not later than 1 July 2017. Until the submission of such a conformity assessment report and the completion of its assessment by the supervisory body, that certification-service-provider shall be considered as qualified trust_service provider under this Regulation.
4. If a certification-service-provider issuing qualified certificates under Directive 1999/93/EC does not submit a conformity assessment report to the supervisory body within the time limit referred to in paragraph 3, that certification-service-provider shall not be considered as qualified trust_service provider under this Regulation from 2 July 2017.
Article 52
Entry into force
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. This Regulation shall apply from 1 July 2016, except for the following:
(a) | Articles 8(3), 9(5), 12(2) to (9), 17(8), 19(4), 20(4), 21(4), 22(5), 23(3), 24(5), 27(4) and (5), 28(6), 29(2), 30(3) and (4), 31(3), 32(3), 33(2), 34(2), 37(4) and (5), 38(6), 42(2), 44(2), 45(2), and Articles 47 and 48 shall apply from 17 September 2014; |
(b) | Article 7, Article 8(1) and (2), Articles 9, 10, 11 and Article 12(1) shall apply from the date of application of the implementing acts referred to in Articles 8(3) and 12(8); |
(c) | Article 6 shall apply from three years as from the date of application of the implementing acts referred to in Articles 8(3) and 12(8). |
3. Where the notified electronic_identification scheme is included in the list published by the Commission pursuant to Article 9 before the date referred to in point (c) of paragraph 2 of this Article, the recognition of the electronic_identification means under that scheme pursuant to Article 6 shall take place no later than 12 months after the publication of that scheme but not before the date referred to in point (c) of paragraph 2 of this Article.
4. Notwithstanding point (c) of paragraph 2 of this Article, a Member State may decide that electronic_identification means under electronic_identification scheme notified pursuant to Article 9(1) by another Member State are recognised in the first Member State as from the date of application of the implementing acts referred to in Articles 8(3) and 12(8). Member States concerned shall inform the Commission. The Commission shall make this information public.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2014.
For the Parliament
The President
M. SCHULZ
For the Council
The President
S. GOZI
(1) OJ C 351, 15.11.2012, p. 73.
(2) Position of the European Parliament of 3 April 2014 (not yet published in the Official Journal) and decision of the Council of 23 July 2014.
(3) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (OJ L 13, 19.1.2000, p. 12).
(4) OJ C 50 E, 21.2.2012, p. 1.
(5) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
(6) Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
(7) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
(8) Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).
(9) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(10) Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the ‘points of single contact’ under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 274, 20.10.2009, p. 36).
(11) Commission Decision 2011/130/EU of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 53, 26.2.2011, p. 66).
(12) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(13) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(14) OJ C 28, 30.1.2013, p. 6.
(15) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
ANNEX I
REQUIREMENTS FOR QUALIFIED CERTIFICATES FOR ELECTRONIC SIGNATURES
Qualified certificates for electronic signatures shall contain:
(a) | an indication, at least in a form suitable for automated processing, that the certificate has been issued as a qualified certificate for electronic signature; |
(b) | a set of data unambiguously representing the qualified trust_service provider issuing the qualified certificates including at least, the Member State in which that provider is established and:
|
(c) | at least the name of the signatory, or a pseudonym; if a pseudonym is used, it shall be clearly indicated; |
(d) | electronic signature validation_data that corresponds to the electronic signature creation data; |
(e) | details of the beginning and end of the certificate’s period of validity; |
(f) | the certificate identity code, which must be unique for the qualified trust_service provider; |
(g) | the advanced electronic signature or advanced electronic_seal of the issuing qualified trust_service provider; |
(h) | the location where the certificate supporting the advanced electronic signature or advanced electronic_seal referred to in point (g) is available free of charge; |
(i) | the location of the services that can be used to enquire about the validity status of the qualified certificate; |
(j) | where the electronic signature creation data related to the electronic signature validation_data is located in a qualified electronic signature creation device, an appropriate indication of this, at least in a form suitable for automated processing. |
ANNEX II
REQUIREMENTS FOR QUALIFIED ELECTRONIC SIGNATURE CREATION DEVICES
1. | Qualified electronic signature creation devices shall ensure, by appropriate technical and procedural means, that at least:
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2. | Qualified electronic signature creation devices shall not alter the data to be signed or prevent such data from being presented to the signatory prior to signing. |
3. | Generating or managing electronic signature creation data on behalf of the signatory may only be done by a qualified trust_service provider. |
4. | Without prejudice to point (d) of point 1, qualified trust_service providers managing electronic signature creation data on behalf of the signatory may duplicate the electronic signature creation data only for back-up purposes provided the following requirements are met:
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ANNEX III
REQUIREMENTS FOR QUALIFIED CERTIFICATES FOR ELECTRONIC SEALS
Qualified certificates for electronic_seals shall contain:
(a) | an indication, at least in a form suitable for automated processing, that the certificate has been issued as a qualified certificate for electronic_seal; |
(b) | a set of data unambiguously representing the qualified trust_service provider issuing the qualified certificates including at least the Member State in which that provider is established and:
|
(c) | at least the name of the creator of the seal and, where applicable, registration number as stated in the official records; |
(d) | electronic_seal validation_data, which corresponds to the electronic_seal creation data; |
(e) | details of the beginning and end of the certificate’s period of validity; |
(f) | the certificate identity code, which must be unique for the qualified trust_service provider; |
(g) | the advanced electronic signature or advanced electronic_seal of the issuing qualified trust_service provider; |
(h) | the location where the certificate supporting the advanced electronic signature or advanced electronic_seal referred to in point (g) is available free of charge; |
(i) | the location of the services that can be used to enquire as to the validity status of the qualified certificate; |
(j) | where the electronic_seal creation data related to the electronic_seal validation_data is located in a qualified electronic_seal creation device, an appropriate indication of this, at least in a form suitable for automated processing. |
ANNEX IV
REQUIREMENTS FOR QUALIFIED CERTIFICATES FOR WEBSITE AUTHENTICATION
Qualified certificates for website authentication shall contain:
(a) | an indication, at least in a form suitable for automated processing, that the certificate has been issued as a qualified certificate for website authentication; |
(b) | a set of data unambiguously representing the qualified trust_service provider issuing the qualified certificates including at least the Member State in which that provider is established and:
|
(c) | for natural persons: at least the name of the person to whom the certificate has been issued, or a pseudonym. If a pseudonym is used, it shall be clearly indicated; for legal persons: at least the name of the legal person to whom the certificate is issued and, where applicable, registration number as stated in the official records; |
(d) | elements of the address, including at least city and State, of the natural or legal person to whom the certificate is issued and, where applicable, as stated in the official records; |
(e) | the domain name(s) operated by the natural or legal person to whom the certificate is issued; |
(f) | details of the beginning and end of the certificate’s period of validity; |
(g) | the certificate identity code, which must be unique for the qualified trust_service provider; |
(h) | the advanced electronic signature or advanced electronic_seal of the issuing qualified trust_service provider; |
(i) | the location where the certificate supporting the advanced electronic signature or advanced electronic_seal referred to in point (h) is available free of charge; |
(j) | the location of the certificate validity status services that can be used to enquire as to the validity status of the qualified certificate. |
whereas