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2014/0910 EN Art. 3 cercato: 'public sector body' . Output generated live by software developed by IusOnDemand srl


just index public sector body:


whereas public sector body:


definitions:


cloud tag: and the number of total unique words without stopwords is: 339

 

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

electronic_identificationmeans 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 meansmeans a material and/or immaterial unit containing person_identification_data and which is used for authentication for an online service;

(3)

person_identification_datameans 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 schememeans a system for electronic_identification under which electronic_identification means are issued to natural or legal persons, or natural persons representing legal persons;

(5)

authenticationmeans 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_partymeans a natural or legal person that relies upon an electronic_identification or a trust_service;

(7)

public sector bodymeans 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_lawmeans 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)

signatorymeans a natural person who creates an electronic_signature;

(10)

electronic_signaturemeans 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_signaturemeans an electronic_signature which meets the requirements set out in Article 26;

(12)

‘qualified electronic_signaturemeans 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 datameans unique data which is used by the signatory to create an electronic_signature;

(14)

‘certificate for electronic_signaturemeans 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_signaturemeans 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_servicemeans an electronic service normally provided for remuneration which consists of:

(a)

the creation, verification, and validation of electronic_signatures, electronic_seals or electronic_time_stamps, electronic_registered_delivery_services and certificates related to those services, or

(b)

the creation, verification and validation of certificates for website authentication; or

(c)

the preservation of electronic_signatures, seals or certificates related to those services;

(17)

‘qualified trust_servicemeans a trust_service that meets the applicable requirements laid down in this Regulation;

(18)

conformity_assessment_bodymeans 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 providermeans 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 providermeans a trust_service provider who provides one or more qualified trust_services and is granted the qualified status by the supervisory body;

(21)

productmeans 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_sealmeans a legal person who creates an electronic_seal;

(25)

electronic_sealmeans 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_sealmeans an electronic_seal, which meets the requirements set out in Article 36;

(27)

‘qualified electronic_sealmeans 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 datameans unique data, which is used by the creator of the electronic_seal to create an electronic_seal;

(29)

‘certificate for electronic_sealmeans 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_sealmeans 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_stampmeans 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_stampmeans an electronic_time_stamp which meets the requirements laid down in Article 42;

(35)

electronic_documentmeans any content stored in electronic form, in particular text or sound, visual or audiovisual recording;

(36)

electronic_registered_delivery_servicemeans 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_servicemeans an electronic_registered_delivery_service which meets the requirements laid down in Article 44;

(38)

‘certificate for website authenticationmeans 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 authenticationmeans 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_datameans data that is used to validate an electronic_signature or an electronic_seal;

(41)

validationmeans the process of verifying and confirming that an electronic_signature or a seal is valid.

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:

(a)

the creation, verification, and validation of electronic_signatures, electronic_seals or electronic_time_stamps, electronic_registered_delivery_services and certificates related to those services, or

(b)

the creation, verification and validation of certificates for website authentication; or

(c)

the preservation of electronic_signatures, seals or certificates related to those services;

(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 6

Mutual recognition

1.   When an electronic_identification using an electronic_identification means and authentication is required under national law or by administrative practice to access a service provided by a public sector body online in one Member State, the electronic_identification means issued in another Member State shall be recognised in the first Member State for the purposes of cross-border authentication for that service online, provided that the following conditions are met:

(a)

the electronic_identification means is issued under an electronic_identification scheme that is included in the list published by the Commission pursuant to Article 9;

(b)

the assurance level of the electronic_identification means corresponds to an assurance level equal to or higher than the assurance level required by the relevant public sector body to access that service online in the first Member State, provided that the assurance level of that electronic_identification means corresponds to the assurance level substantial or high;

(c)

the relevant public sector body uses the assurance level substantial or high in relation to accessing that service online.

Such recognition shall take place no later than 12 months after the Commission publishes the list referred to in point (a) of the first subparagraph.

2.   An electronic_identification means which is issued under an electronic_identification scheme included in the list published by the Commission pursuant to Article 9 and which corresponds to the assurance level low may be recognised by public sector bodies for the purposes of cross-border authentication for the service provided online by those bodies.

Article 7

Eligibility for notification of electronic_identification schemes

An electronic_identification scheme shall be eligible for notification pursuant to Article 9(1) provided that all of the following conditions are met:

(a)

the electronic_identification means under the electronic_identification scheme are issued:

(i)

by the notifying Member State;

(ii)

under a mandate from the notifying Member State; or

(iii)

independently of the notifying Member State and are recognised by that Member State;

(b)

the electronic_identification means under the electronic_identification scheme can be used to access at least one service which is provided by a public sector body and which requires electronic_identification in the notifying Member State;

(c)

the electronic_identification scheme and the electronic_identification means issued thereunder meet the requirements of at least one of the assurance levels set out in the implementing act referred to in Article 8(3);

(d)

the notifying Member State ensures that the person_identification_data uniquely representing the person in question is attributed, in accordance with the technical specifications, standards and procedures for the relevant assurance level set out in the implementing act referred to in Article 8(3), to the natural or legal person referred to in point 1 of Article 3 at the time the electronic_identification means under that scheme is issued;

(e)

the party issuing the electronic_identification means under that scheme ensures that the electronic_identification means is attributed to the person referred to in point (d) of this Article in accordance with the technical specifications, standards and procedures for the relevant assurance level set out in the implementing act referred to in Article 8(3);

(f)

the notifying Member State ensures the availability of authentication online, so that any relying_party established in the territory of another Member State is able to confirm the person_identification_data received in electronic form.

For relying parties other than public sector bodies the notifying Member State may define terms of access to that authentication. The cross-border authentication shall be provided free of charge when it is carried out in relation to a service online provided by a public sector body.

Member States shall not impose any specific disproportionate technical requirements on relying parties intending to carry out such authentication, where such requirements prevent or significantly impede the interoperability of the notified electronic_identification schemes;

(g)

at least six months prior to the notification pursuant to Article 9(1), the notifying Member State provides the other Member States for the purposes of the obligation under Article 12(5) a description of that scheme in accordance with the procedural arrangements established by the implementing acts referred to in Article 12(7);

(h)

the electronic_identification scheme meets the requirements set out in the implementing act referred to in Article 12(8).

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 37

Electronic seals in public services

1.   If a Member State requires an advanced electronic_seal in order to use an online service offered by, or on behalf of, a public sector body, that Member State shall recognise advanced electronic_seals, advanced electronic_seals based on a qualified certificate for electronic_seals and qualified electronic_seals at least in the formats or using methods defined in the implementing acts referred to in paragraph 5.

2.   If a Member State requires an advanced electronic_seal based on a qualified certificate in order to use an online service offered by, or on behalf of, a public sector body, that Member State shall recognise advanced electronic_seals based on a qualified certificate and qualified electronic_seal at least in the formats or using methods defined in the implementing acts referred to in paragraph 5.

3.   Member States shall not request for the cross-border use in an online service offered by a public sector body an electronic_seal at a higher security level than the qualified electronic_seal.

4.   The Commission may, by means of implementing acts, establish reference numbers of standards for advanced electronic_seals. Compliance with the requirements for advanced electronic_seals referred to in paragraphs 1 and 2 of this Article and Article 36 shall be presumed when an advanced electronic_seal 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 legal acts of the Union, the Commission shall, by means of implementing acts, define reference formats of advanced electronic_seals 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).


whereas









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