EIDAS 2014/0910 EN

1. Member States shall designate a supervisory body established in their territory or, upon mutual agreement with another Member State, a supervisory body established in that other Member State. That body shall be responsible for supervisory tasks in the designating Member State.

Supervisory bodies shall be given the necessary powers and adequate resources for the exercise of their tasks.

2. Member States shall notify to the Commission the names and the addresses of their respective designated supervisory bodies.

3. The role of the supervisory body shall be the following:

(a)

to supervise qualified trust_service providers established in the territory of the designating Member State to ensure, through ex ante and ex post supervisory activities, that those qualified trust_service providers and the qualified trust_services that they provide meet the requirements laid down in this Regulation;

(b)

to take action if necessary, in relation to non-qualified trust_service providers established in the territory of the designating Member State, through ex post supervisory activities, when informed that those non-qualified trust_service providers or the trust_services they provide allegedly do not meet the requirements laid down in this Regulation.

4. For the purposes of paragraph 3 and subject to the limitations provided therein, the tasks of the supervisory body shall include in particular:

(a)	to cooperate with other supervisory bodies and provide them with assistance in accordance with Article 18;

(b)	to analyse the conformity assessment reports referred to in Articles 20(1) and 21(1);

(c)	to inform other supervisory bodies and the public about breaches of security or loss of integrity in accordance with Article 19(2);

(d)	to report to the Commission about its main activities in accordance with paragraph 6 of this Article;

(e)	to carry out audits or request a conformity_assessment_body to perform a conformity assessment of the qualified trust_service providers in accordance with Article 20(2);

(f)	to cooperate with the data protection authorities, in particular, by informing them without undue delay, about the results of audits of qualified trust_service providers, where personal data protection rules appear to have been breached;

(g)	to grant qualified status to trust_service providers and to the services they provide and to withdraw this status in accordance with Articles 20 and 21;

(h)	to inform the body responsible for the national trusted list referred to in Article 22(3) about its decisions to grant or to withdraw qualified status, unless that body is also the supervisory body;

(i)	to verify the existence and correct application of provisions on termination plans in cases where the qualified trust_service provider ceases its activities, including how information is kept accessible in accordance with point (h) of Article 24(2);

(j)	to require that trust_service providers remedy any failure to fulfil the requirements laid down in this Regulation.

5. Member States may require the supervisory body to establish, maintain and update a trust infrastructure in accordance with the conditions under national law.

6. By 31 March each year, each supervisory body shall submit to the Commission a report on its previous calendar year’s main activities together with a summary of breach notifications received from trust_service providers in accordance with Article 19(2).

7. The Commission shall make the annual report referred to in paragraph 6 available to Member States.

8. The Commission may, by means of implementing acts, define the formats and procedures for the report referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 19

Security requirements applicable to trust_service providers

1. Qualified and non-qualified trust_service providers shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust_services they provide. Having regard to the latest technological developments, those measures shall ensure that the level of security is commensurate to the degree of risk. In particular, measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of the adverse effects of any such incidents.

2. Qualified and non-qualified trust_service providers shall, without undue delay but in any event within 24 hours after having become aware of it, notify the supervisory body and, where applicable, other relevant bodies, such as the competent national body for information security or the data protection authority, of any breach of security or loss of integrity that has a significant impact on the trust_service provided or on the personal data maintained therein.

Where the breach of security or loss of integrity is likely to adversely affect a natural or legal person to whom the trusted service has been provided, the trust_service provider shall also notify the natural or legal person of the breach of security or loss of integrity without undue delay.

Where appropriate, in particular if a breach of security or loss of integrity concerns two or more Member States, the notified supervisory body shall inform the supervisory bodies in other Member States concerned and ENISA.

The notified supervisory body shall inform the public or require the trust_service provider to do so, where it determines that disclosure of the breach of security or loss of integrity is in the public interest.

3. The supervisory body shall provide ENISA once a year with a summary of notifications of breach of security and loss of integrity received from trust_service providers.

4. The Commission may, by means of implementing acts,:

(a)	further specify the measures referred to in paragraph 1; and

(b)	define the formats and procedures, including deadlines, applicable for the purpose of paragraph 2.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

SECTION 3

Qualified trust_services

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).

whereas

(13) Member States should remain free to use or to introduce means for the purposes of electronic_identification for accessing online services.
They should also be able to decide whether to involve the private sector in the provision of those means.
Member States should not be obliged to notify their electronic_identification schemes to the Commission.
The choice to notify the Commission of all, some or none of the electronic_identification schemes used at national level to access at least public online services or specific services is up to Member States.

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(21) This Regulation should also establish a general legal framework for the use of trust_services.
However, it should not create a general obligation to use them or to install an access point for all existing trust_services.
In particular, it should not cover the provision of services used exclusively within closed systems between a defined set of participants, which have no effect on third parties.
For example, systems set up in businesses or public administrations to manage internal procedures making use of trust_services should not be subject to the requirements of this Regulation.
Only trust_services provided to the public having effects on third parties should meet the requirements laid down in the Regulation.
Neither should this Regulation cover aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form laid down by national or Union law.
In addition, it should not affect national form requirements pertaining to public registers, in particular commercial and land registers.

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(30) Member States should designate a supervisory body or supervisory bodies to carry out the supervisory activities under this Regulation.
Member States should also be able to decide, upon a mutual agreement with another Member State, to designate a supervisory body in the territory of that other Member State.

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(48) While a high level of security is needed to ensure mutual recognition of electronic_signatures, in specific cases, such as in the context of Commission Decision 2009/767/EC (10), electronic_signatures with a lower security assurance should also be accepted.

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(66) It is essential to provide for a legal framework to facilitate cross-border recognition between existing national legal systems related to electronic_registered_delivery_services.
That framework could also open new market opportunities for Union trust_service providers to offer new pan-European electronic_registered_delivery_services.

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(74) To ensure legal certainty for market operators already using qualified certificates issued to natural persons in compliance with Directive 1999/93/EC, it is necessary to provide for a sufficient period of time for transitional purposes.
Similarly, transitional measures should be established for secure signature creation devices, the conformity of which has been determined in accordance with Directive 1999/93/EC, as well as for certification service providers issuing qualified certificates before 1 July 2016.
Finally, it is also necessary to provide the Commission with the means to adopt the implementing acts and delegated acts before that date.

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keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN