EIDAS 2014/0910 EN

1. This Regulation applies to electronic_identification schemes that have been notified by a Member State, and to trust_service providers that are established in the Union.

2. This Regulation does not apply to the provision of trust_services that are used exclusively within closed systems resulting from national law or from agreements between a defined set of participants.

3. This Regulation does not affect national or Union law related to the conclusion and validity of contracts or other legal or procedural obligations relating to form.

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 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 9

Notification

1. The notifying Member State shall notify to the Commission the following information and, without undue delay, any subsequent changes thereto:

(a)	a description of the electronic_identification scheme, including its assurance levels and the issuer or issuers of electronic_identification means under the scheme;

(b)

the applicable supervisory regime and information on the liability regime with respect to the following:

(i)	the party issuing the electronic_identification means; and

(ii)	the party operating the authentication procedure;

(c)	the authority or authorities responsible for the electronic_identification scheme;

(d)	information on the entity or entities which manage the registration of the unique person_identification_data;

(e)	a description of how the requirements set out in the implementing acts referred to in Article 12(8) are met;

(f)	a description of the authentication referred to in point (f) of Article 7;

(g)	arrangements for suspension or revocation of either the notified electronic_identification scheme or authentication or the compromised parts concerned.

2. One year from the date of application of the implementing acts referred to in Articles 8(3) and 12(8), the Commission shall publish in the Official Journal of the European Union a list of the electronic_identification schemes which were notified pursuant to paragraph 1 of this Article and the basic information thereon.

3. If the Commission receives a notification after the expiry of the period referred to in paragraph 2, it shall publish in the Official Journal of the European Union the amendments to the list referred to in paragraph 2 within two months from the date of receipt of that notification.

4. A Member State may submit to the Commission a request to remove an electronic_identification scheme notified by that Member State from the list referred to in paragraph 2. The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list within one month from the date of receipt of the Member State’s request.

5. The Commission may, by means of implementing acts, define the circumstances, formats and procedures of notifications under paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 17

Supervisory body

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 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 22

Trusted lists

1. Each Member State shall establish, maintain and publish trusted lists, including information related to the qualified trust_service providers for which it is responsible, together with information related to the qualified trust_services provided by them.

2. Member States shall establish, maintain and publish, in a secured manner, the electronically signed or sealed trusted lists referred to in paragraph 1 in a form suitable for automated processing.

3. Member States shall notify to the Commission, without undue delay, information on the body responsible for establishing, maintaining and publishing national trusted lists, and details of where such lists are published, the certificates used to sign or seal the trusted lists and any changes thereto.

4. The Commission shall make available to the public, through a secure channel, the information referred to in paragraph 3 in electronically signed or sealed form suitable for automated processing.

5. By 18 September 2015 the Commission shall, by means of implementing acts, specify the information referred to in paragraph 1 and define the technical specifications and formats for trusted lists applicable for the purposes of paragraphs 1 to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

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 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).

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).

whereas

(17) Member States should encourage the private sector to voluntarily use electronic_identification means under a notified scheme for identification purposes when needed for online services or electronic transactions.
The possibility to use such electronic_identification means would enable the private sector to rely on electronic_identification and authentication already largely used in many Member States at least for public services and to make it easier for businesses and citizens to access their online services across borders.
In order to facilitate the use of such electronic_identification means across borders by the private sector, the authentication possibility provided by any Member State should be available to private sector relying parties established outside of the territory of that Member State under the same conditions as applied to private sector relying parties established within that Member State.
Consequently, with regard to private sector relying parties, the notifying Member State may define terms of access to the authentication means.
Such terms of access may inform whether the authentication means related to the notified scheme is presently available to private sector relying parties.

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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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(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.

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(25) Member States should remain free to define other types of trust_services in addition to those making part of the closed list of trust_services provided for in this Regulation, for the purpose of recognition at national level as qualified trust_services.

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(49) This Regulation should establish the principle that an electronic_signature should not be denied legal effect on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic_signature.
However, it is for national law to define the legal effect of electronic_signatures, except for the requirements provided for in this Regulation according to which a qualified electronic_signature should have the equivalent legal effect of a handwritten signature.

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keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN