EIDAS 2014/0910 EN

2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified electronic_signature creation devices. Compliance with the requirements laid down in Annex II shall be presumed where a qualified electronic_signature creation device meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 30

Certification of qualified electronic_signature creation devices

1. Conformity of qualified electronic_signature creation devices with the requirements laid down in Annex II shall be certified by appropriate public or private bodies designated by Member States.

2. Member States shall notify to the Commission the names and addresses of the public or private body referred to in paragraph 1. The Commission shall make that information available to Member States.

3. The certification referred to in paragraph 1 shall be based on one of the following:

(a)	a security evaluation process carried out in accordance with one of the standards for the security assessment of information technology products included in the list established in accordance with the second subparagraph; or

(b)

a process other than the process referred to in point (a), provided that it uses comparable security levels and provided that the public or private body referred to in paragraph 1 notifies that process to the Commission. That process may be used only in the absence of standards referred to in point (a) or when a security evaluation process referred to in point (a) is ongoing.

The Commission shall, by means of implementing acts, establish a list of standards for the security assessment of information technology products referred to in point (a). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 47 concerning the establishment of specific criteria to be met by the designated bodies referred to in paragraph 1 of this Article.

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 39

Qualified electronic_seal creation devices

1. Article 29 shall apply mutatis mutandis to requirements for qualified electronic_seal creation devices.

2. Article 30 shall apply mutatis mutandis to the certification of qualified electronic_seal creation devices.

3. Article 31 shall apply mutatis mutandis to the publication of a list of certified qualified electronic_seal creation devices.

Article 51

Transitional measures

1. Secure signature creation devices of which the conformity has been determined in accordance with Article 3(4) of Directive 1999/93/EC shall be considered as qualified electronic_signature creation devices under this Regulation.

2. Qualified certificates issued to natural persons under Directive 1999/93/EC shall be considered as qualified certificates for electronic_signatures under this Regulation until they expire.

3. A certification-service-provider issuing qualified certificates under Directive 1999/93/EC shall submit a conformity assessment report to the supervisory body as soon as possible but not later than 1 July 2017. Until the submission of such a conformity assessment report and the completion of its assessment by the supervisory body, that certification-service-provider shall be considered as qualified trust_service provider under this Regulation.

4. If a certification-service-provider issuing qualified certificates under Directive 1999/93/EC does not submit a conformity assessment report to the supervisory body within the time limit referred to in paragraph 3, that certification-service-provider shall not be considered as qualified trust_service provider under this Regulation from 2 July 2017.

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='idcons51'>

(51) It should be possible for the signatory to entrust qualified electronic_signature creation devices to the care of a third party, provided that appropriate mechanisms and procedures are implemented to ensure that the signatory has sole control over the use of his electronic_signature creation data, and the qualified electronic_signature requirements are met by the use of the device.

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name='idcons55'>

(55) IT security certification based on international standards such as ISO 15408 and related evaluation methods and mutual recognition arrangements is an important tool for verifying the security of qualified electronic_signature creation devices and should be promoted.
However, innovative solutions and services such as mobile signing and cloud signing rely on technical and organisational solutions for qualified electronic_signature creation devices for which security standards may not yet be available or for which the first IT security certification is ongoing.
The level of security of such qualified electronic_signature creation devices could be evaluated by using alternative processes only where such security standards are not available or where the first IT security certification is ongoing.
Those processes should be comparable to the standards for IT security certification insofar as their security levels are equivalent.
Those processes could be facilitated by a peer review.

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name='idcons56'>

(56) This Regulation should lay down requirements for qualified electronic_signature creation devices to ensure the functionality of advanced electronic_signatures.
This Regulation should not cover the entire system environment in which such devices operate.
Therefore, the scope of the certification of qualified signature creation devices should be limited to the hardware and system software used to manage and protect the signature creation data created, stored or processed in the signature creation device.
As detailed in relevant standards, the scope of the certification obligation should exclude signature creation applications.

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name='idcons70'>

(70) In order to complement certain detailed technical aspects of this Regulation in a flexible and rapid manner, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of criteria to be met by the bodies responsible for the certification of qualified electronic_signature creation devices.
It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

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name='idcons74'>

(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