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- 1 Article 42 Requirements for qualified electronic time stamps
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
- qualified 37
- data 28
- electronic_signature 28
- shall 23
- certificate 20
- creation 20
- advanced 16
- article 15
- provider 15
- electronic_seal 14
- time 14
- least 13
- european 13
- trust_service 13
- council 12
- parliament 12
- date 11
- requirements 11
- referred 10
- name 10
- used 9
- member 9
- certificates 9
- official 8
- implementing 8
- point 8
- processing 8
- //ec 8
- services 8
- issued 7
- which 7
- from 7
- legal 7
- state 7
- acts 7
- applicable 7
- validity 7
- person: 6
- location 6
- records 6
- stated 6
- electronic 6
- natural 6
- issuing 6
- articles 6
- number 6
- means 6
- accurate 6
- form 5
- signatory 5
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 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 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:
|
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:
|
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