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2014/0910 EN Art. 3 cercato: 'validation data' . Output generated live by software developed by IusOnDemand srl


just index validation data:

    CHAPTER I
    GENERAL PROVISIONS
  • 3 Article 3 Definitions

  • CHAPTER II
    ELECTRONIC IDENTIFICATION

    CHAPTER III
    TRUST SERVICES

    SECTION 1
    General provisions

    SECTION 2
    Supervision

    SECTION 3
    Qualified trust services

    SECTION 4
    Electronic signatures
  • 1 Article 32 Requirements for the validation of qualified 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


whereas validation data:


definitions:


cloud tag: and the number of total unique words without stopwords is: 451

 

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 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)

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 devicemeans configured software or hardware used to create an electronic_signature;

(23)

‘qualified electronic_signature creation devicemeans 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 devicemeans configured software or hardware used to create an electronic_seal;

(32)

‘qualified electronic_seal creation devicemeans 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 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 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:

for a legal person: the name and, where applicable, registration number as stated in the official records,

for a natural person: the person’s name;

(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:

(a)

the confidentiality of the electronic_signature creation data used for electronic_signature creation is reasonably assured;

(b)

the electronic_signature creation data used for electronic_signature creation can practically occur only once;

(c)

the electronic_signature creation data used for electronic_signature creation cannot, with reasonable assurance, be derived and the electronic_signature is reliably protected against forgery using currently available technology;

(d)

the electronic_signature creation data used for electronic_signature creation can be reliably protected by the legitimate signatory against use by others.

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:

(a)

the security of the duplicated datasets must be at the same level as for the original datasets;

(b)

the number of duplicated datasets shall not exceed the minimum needed to ensure continuity of the service.


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:

for a legal person: the name and, where applicable, registration number as stated in the official records,

for a natural person: the person’s name;

(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:

for a legal person: the name and, where applicable, registration number as stated in the official records,

for a natural person: the person’s name;

(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









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