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 12

Cooperation and interoperability

1. The national electronic_identification schemes notified pursuant to Article 9(1) shall be interoperable.

2. For the purposes of paragraph 1, an interoperability framework shall be established.

3. The interoperability framework shall meet the following criteria:

(a)	it aims to be technology neutral and does not discriminate between any specific national technical solutions for electronic_identification within a Member State;

(b)	it follows European and international standards, where possible;

(c)	it facilitates the implementation of the principle of privacy by design; and

(d)	it ensures that personal data is processed in accordance with Directive 95/46/EC.

4. The interoperability framework shall consist of:

(a)	a reference to minimum technical requirements related to the assurance levels under Article 8;

(b)	a mapping of national assurance levels of notified electronic_identification schemes to the assurance levels under Article 8;

(c)	a reference to minimum technical requirements for interoperability;

(d)	a reference to a minimum set of person_identification_data uniquely representing a natural or legal person, which is available from electronic_identification schemes;

(e)	rules of procedure;

(f)	arrangements for dispute resolution; and

(g)	common operational security standards.

5. Member States shall cooperate with regard to the following:

(a)	the interoperability of the electronic_identification schemes notified pursuant to Article 9(1) and the electronic_identification schemes which Member States intend to notify; and

(b)	the security of the electronic_identification schemes.

6. The cooperation between Member States shall consist of:

(a)	the exchange of information, experience and good practice as regards electronic_identification schemes and in particular technical requirements related to interoperability and assurance levels;

(b)	the exchange of information, experience and good practice as regards working with assurance levels of electronic_identification schemes under Article 8;

(c)	peer review of electronic_identification schemes falling under this Regulation; and

(d)	examination of relevant developments in the electronic_identification sector.

7. By 18 March 2015, the Commission shall, by means of implementing acts, establish the necessary procedural arrangements to facilitate the cooperation between the Member States referred to in paragraphs 5 and 6 with a view to fostering a high level of trust and security appropriate to the degree of risk.

8. By 18 September 2015, for the purpose of setting uniform conditions for the implementation of the requirement under paragraph 1, the Commission shall, subject to the criteria set out in paragraph 3 and taking into account the results of the cooperation between Member States, adopt implementing acts on the interoperability framework as set out in paragraph 4.

9. The implementing acts referred to in paragraphs 7 and 8 of this Article shall be adopted in accordance with the examination procedure referred to in Article 48(2).

CHAPTER III

TRUST SERVICES

SECTION 1

General provisions

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 25

Legal effects of electronic_signatures

1. An electronic_signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic_signatures.

2. A qualified electronic_signature shall have the equivalent legal effect of a handwritten signature.

3. A qualified electronic_signature based on a qualified certificate issued in one Member State shall be recognised as a qualified electronic_signature in all other Member States.

Article 35

Legal effects of electronic_seals

1. An electronic_seal shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic_seals.

2. A qualified electronic_seal shall enjoy the presumption of integrity of the data and of correctness of the origin of that data to which the qualified electronic_seal is linked.

3. A qualified electronic_seal based on a qualified certificate issued in one Member State shall be recognised as a qualified electronic_seal in all other Member States.

Article 41

Legal effect of electronic_time_stamps

1. An electronic_time_stamp shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic_time_stamp.

2. A qualified electronic_time_stamp shall enjoy the presumption of the accuracy of the date and the time it indicates and the integrity of the data to which the date and time are bound.

3. A qualified electronic_time_stamp issued in one Member State shall be recognised as a qualified electronic_time_stamp in all Member States.

Article 43

Legal effect of an electronic_registered_delivery_service

1. Data sent and received using an electronic_registered_delivery_service shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic_registered_delivery_service.

2. Data sent and received using a qualified electronic_registered_delivery_service shall enjoy the presumption of the integrity of the data, the sending of that data by the identified sender, its receipt by the identified addressee and the accuracy of the date and time of sending and receipt indicated by the qualified electronic_registered_delivery_service.

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.

whereas

(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.

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(18) This Regulation should provide for the liability of the notifying Member State, the party issuing the electronic_identification means and the party operating the authentication procedure for failure to comply with the relevant obligations under this Regulation.
However, this Regulation should be applied in accordance with national rules on liability.
Therefore, it does not affect those national rules on, for example, definition of damages or relevant applicable procedural rules, including the burden of proof.

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(36) Establishing a supervisory regime for all trust_service providers should ensure a level playing field for the security and accountability of their operations and services, thus contributing to the protection of users and to the functioning of the internal market.
Non-qualified trust_service providers should be subject to a light touch and reactive ex post supervisory activities justified by the nature of their services and operations.
The supervisory body should therefore have no general obligation to supervise non-qualified service providers.
The supervisory body should only take action when it is informed (for example, by the non-qualified trust_service provider itself, by another supervisory body, by a notification from a user or a business partner or on the basis of its own investigation) that a non-qualified trust_service provider does not comply with the requirements of this Regulation.

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(37) This Regulation should provide for the liability of all trust_service providers.
In particular, it establishes the liability regime under which all trust_service providers should be liable for damage caused to any natural or legal person due to failure to comply with the obligations under this Regulation.
In order to facilitate the assessment of financial risk that trust_service providers might have to bear or that they should cover by insurance policies, this Regulation allows trust_service providers to set limitations, under certain conditions, on the use of the services they provide and not to be liable for damages arising from the use of services exceeding such limitations.
Customers should be duly informed about the limitations in advance.
Those limitations should be recognisable by a third party, for example by including information about the limitations in the terms and conditions of the service provided or through other recognisable means.
For the purposes of giving effect to those principles, this Regulation should be applied in accordance with national rules on liability.
Therefore, this Regulation does not affect those national rules on, for example, definition of damages, intention, negligence, or relevant applicable procedural rules.

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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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(76) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.
In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

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keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN