EIDAS 2014/0910 EN

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 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 11

Liability

1. The notifying Member State shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with its obligations under points (d) and (f) of Article 7 in a cross-border transaction.

2. The party issuing the electronic_identification means shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligation referred to in point (e) of Article 7 in a cross-border transaction.

3. The party operating the authentication procedure shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to ensure the correct operation of the authentication referred to in point (f) of Article 7 in a cross-border transaction.

4. Paragraphs 1, 2 and 3 shall be applied in accordance with national rules on liability.

5. Paragraphs 1, 2 and 3 are without prejudice to the liability under national law of parties to a transaction in which electronic_identification means falling under the electronic_identification scheme notified pursuant to Article 9(1) are used.

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).

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

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.

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.

Generating or managing electronic_signature creation data on behalf of the signatory may only be done by a qualified trust_service provider.

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

name='idcons3'>

(3) Directive 1999/93/EC of the European Parliament and of the Council (3), dealt with electronic_signatures without delivering a comprehensive cross-border and cross-sector framework for secure, trustworthy and easy-to-use electronic transactions.
This Regulation enhances and expands the acquis of that Directive.

- = -

name='idcons4'>

(4) The Commission communication of 26 August 2010 entitled ‘A Digital Agenda for Europe’ identified the fragmentation of the digital market, the lack of interoperability and the rise in cybercrime as major obstacles to the virtuous cycle of the digital economy.
In its EU Citizenship Report 2010, entitled ‘Dismantling the obstacles to EU citizens’ rights’, the Commission further highlighted the need to solve the main problems that prevent Union citizens from enjoying the benefits of a digital single market and cross-border digital services.

- = -

name='idcons5'>

(5) In its conclusions of 4 February 2011 and of 23 October 2011, the European Council invited the Commission to create a digital single market by 2015, to make rapid progress in key areas of the digital economy and to promote a fully integrated digital single market by facilitating the cross-border use of online services, with particular attention to facilitating secure electronic_identification and authentication.

- = -

name='idcons7'>

(7) The European Parliament, in its resolution of 21 September 2010 on completing the internal market for e-commerce (4), stressed the importance of the security of electronic services, especially of electronic_signatures, and of the need to create a public key infrastructure at pan-European level, and called on the Commission to set up a European validation authorities gateway to ensure the cross-border interoperability of electronic_signatures and to increase the security of transactions carried out using the internet.

- = -

name='idcons9'>

(9) In most cases, citizens cannot use their electronic_identification to authenticate themselves in another Member State because the national electronic_identification schemes in their country are not recognised in other Member States.
That electronic barrier excludes service providers from enjoying the full benefits of the internal market.
Mutually recognised electronic_identification means will facilitate cross-border provision of numerous services in the internal market and enable businesses to operate on a cross-border basis without facing many obstacles in interactions with public authorities.

- = -

name='idcons10'>

(10) Directive 2011/24/EU of the European Parliament and of the Council (6) set up a network of national authorities responsible for e-health.
To enhance the safety and the continuity of cross-border healthcare, the network is required to produce guidelines on cross-border access to electronic health data and services, including by supporting ‘common identification and authentication measures to facilitate transferability of data in cross-border healthcare’.
Mutual recognition of electronic_identification and authentication is key to making cross-border healthcare for European citizens a reality.
When people travel for treatment, their medical data need to be accessible in the country of treatment.
That requires a solid, safe and trusted electronic_identification framework.

- = -

name='idcons12'>

(12) One of the objectives of this Regulation is to remove existing barriers to the cross-border use of electronic_identification means used in the Member States to authenticate, for at least public services.
This Regulation does not aim to intervene with regard to electronic identity management systems and related infrastructures established in Member States.
The aim of this Regulation is to ensure that for access to cross-border online services offered by Member States, secure electronic_identification and authentication is possible.

- = -

name='idcons19'>

(19) The security of electronic_identification schemes is key to trustworthy cross-border mutual recognition of electronic_identification means.
In this context, Member States should cooperate with regard to the security and interoperability of the electronic_identification schemes at Union level.
Whenever electronic_identification schemes require specific hardware or software to be used by relying parties at the national level, cross-border interoperability calls for those Member States not to impose such requirements and related costs on relying parties established outside of their territory.
In that case appropriate solutions should be discussed and developed within the scope of the interoperability framework.
Nevertheless technical requirements stemming from the inherent specifications of national electronic_identification means and likely to affect the holders of such electronic means (e.g.
smartcards), are unavoidable.

- = -

name='idcons22'>

(22) In order to contribute to their general cross-border use, it should be possible to use trust_services as evidence in legal proceedings in all Member States.
It is for the national law to define the legal effect of trust_services, except if otherwise provided in this Regulation.

- = -

name='idcons54'>

(54) cross-border interoperability and recognition of qualified certificates is a precondition for cross-border recognition of qualified electronic_signatures.
Therefore, qualified certificates should not be subject to any mandatory requirements exceeding the requirements laid down in this Regulation.
However, at national level, the inclusion of specific attributes, such as unique identifiers, in qualified certificates should be allowed, provided that such specific attributes do not hamper cross-border interoperability and recognition of qualified certificates and electronic_signatures.

- = -

name='idcons63'>

(63) Electronic documents are important for further development of cross-border electronic transactions in the internal market.
This Regulation should establish the principle that an electronic_document should not be denied legal effect on the grounds that it is in an electronic form in order to ensure that an electronic transaction will not be rejected only on the grounds that a document is in electronic form.

- = -

name='idcons66'>

(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.

- = -

keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN