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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 54
- shall 45
- trust_service 36
- article 30
- electronic_signature 26
- referred 25
- provider 25
- supervisory 22
- data 22
- body 20
- creation 20
- certificate 20
- member 18
- least 14
- european 14
- providers 14
- requirements 13
- parliament 12
- council 12
- electronic_seal 12
- regulation 12
- advanced 12
- paragraph 11
- which 11
- commission 10
- status 10
- state 10
- from 10
- name 10
- certificates 9
- inform 9
- official 9
- point 9
- legal 9
- used 9
- natural 8
- services 8
- processing 8
- conformity 8
- issued 8
- assessment 8
- applicable 8
- //ec 8
- implementing 8
- states 8
- bodies 7
- authentication 7
- acts 7
- trust_services 7
- validity 7
Article 10
Security breach
1. where either the electronic_identification scheme notified pursuant to Article 9(1) or the authentication referred to in point (f) of Article 7 is breached or partly compromised in a manner that affects the reliability of the cross-border authentication of that scheme, the notifying Member State shall, without delay, suspend or revoke that cross-border authentication or the compromised parts concerned, and shall inform other Member States and the Commission.
2. When the breach or compromise referred to in paragraph 1 is remedied, the notifying Member State shall re-establish the cross-border authentication and shall inform other Member States and the Commission without undue delay.
3. If the breach or compromise referred to in paragraph 1 is not remedied within three months of the suspension or revocation, the notifying Member State shall notify other Member States and the Commission of the withdrawal of the electronic_identification scheme.
The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 9(2) without undue delay.
Article 13
Liability and burden of proof
1. Without prejudice to paragraph 2, trust_service providers shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation.
The burden of proving intention or negligence of a non-qualified trust_service provider shall lie with the natural or legal person claiming the damage referred to in the first subparagraph.
The intention or negligence of a qualified trust_service provider shall be presumed unless that qualified trust_service provider proves that the damage referred to in the first subparagraph occurred without the intention or negligence of that qualified trust_service provider.
2. where trust_service providers duly inform their customers in advance of the limitations on the use of the services they provide and where those limitations are recognisable to third parties, trust_service providers shall not be liable for damages arising from the use of services exceeding the indicated limitations.
3. Paragraphs 1 and 2 shall be applied in accordance with national rules on liability.
Article 18
Mutual assistance
1. Supervisory bodies shall cooperate with a view to exchanging good practice.
A supervisory body shall, upon receipt of a justified request from another supervisory body, provide that body with assistance so that the activities of supervisory bodies can be carried out in a consistent manner. Mutual assistance may cover, in particular, information requests and supervisory measures, such as requests to carry out inspections related to the conformity assessment reports as referred to in Articles 20 and 21.
2. A supervisory body to which a request for assistance is addressed may refuse that request on any of the following grounds:
(a) | the supervisory body is not competent to provide the requested assistance; |
(b) | the requested assistance is not proportionate to supervisory activities of the supervisory body carried out in accordance with Article 17; |
(c) | providing the requested assistance would be incompatible with this Regulation. |
3. where appropriate, Member States may authorise their respective supervisory bodies to carry out joint investigations in which staff from other Member States’ supervisory bodies is involved. The arrangements and procedures for such joint actions shall be agreed upon and established by the Member States concerned in accordance with their national law.
Article 20
Supervision of qualified trust_service providers
1. Qualified trust_service providers shall be audited at their own expense at least every 24 months by a conformity_assessment_body. The purpose of the audit shall be to confirm that the qualified trust_service providers and the qualified trust_services provided by them fulfil the requirements laid down in this Regulation. The qualified trust_service providers shall submit the resulting conformity assessment report to the supervisory body within the period of three working days after receiving it.
2. Without prejudice to paragraph 1, the supervisory body may at any time audit or request a conformity_assessment_body to perform a conformity assessment of the qualified trust_service providers, at the expense of those trust_service providers, to confirm that they and the qualified trust_services provided by them fulfil the requirements laid down in this Regulation. Where personal data protection rules appear to have been breached, the supervisory body shall inform the data protection authorities of the results of its audits.
3. where the supervisory body requires the qualified trust_service provider to remedy any failure to fulfil requirements under this Regulation and where that provider does not act accordingly, and if applicable within a time limit set by the supervisory body, the supervisory body, taking into account, in particular, the extent, duration and consequences of that failure, may withdraw the qualified status of that provider or of the affected service it provides and inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1). The supervisory body shall inform the qualified trust_service provider of the withdrawal of its qualified status or of the qualified status of the service concerned.
4. The Commission may, by means of implementing acts, establish reference number of the following standards:
(a) | accreditation of the conformity assessment bodies and for the conformity assessment report referred to in paragraph 1; |
(b) | auditing rules under which conformity assessment bodies will carry out their conformity assessment of the qualified trust_service providers as referred to in paragraph 1. |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 21
Initiation of a qualified trust_service
1. where trust_service providers, without qualified status, intend to start providing qualified trust_services, they shall submit to the supervisory body a notification of their intention together with a conformity assessment report issued by a conformity_assessment_body.
2. The supervisory body shall verify whether the trust_service provider and the trust_services provided by it comply with the requirements laid down in this Regulation, and in particular, with the requirements for qualified trust_service providers and for the qualified trust_services they provide.
If the supervisory body concludes that the trust_service provider and the trust_services provided by it comply with the requirements referred to in the first subparagraph, the supervisory body shall grant qualified status to the trust_service provider and the trust_services it provides and inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1), not later than three months after notification in accordance with paragraph 1 of this Article.
If the verification is not concluded within three months of notification, the supervisory body shall inform the trust_service provider specifying the reasons for the delay and the period within which the verification is to be concluded.
3. Qualified trust_service providers may begin to provide the qualified trust_service after the qualified status has been indicated in the trusted lists referred to in Article 22(1).
4. The Commission may, by means of implementing acts, define the formats and procedures for the purpose of paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 48
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
CHAPTER VI
FINAL PROVISIONS
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