keyboard_tab EIDAS 2014/0910 EN

(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.

(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.

(23) To the extent that this Regulation creates an obligation to recognise a trust_service, such a trust_service may only be rejected if the addressee of the obligation is unable to read or verify it due to technical reasons lying outside the immediate control of the addressee.

  However, that obligation should not in itself require a public body to obtain the hardware and software necessary for the technical readability of all existing trust_services.

(44) This Regulation aims to ensure a coherent framework with a view to providing a high level of security and legal certainty of trust_services.

  In this regard, when addressing the conformity assessment of products and services, the Commission should, where appropriate, seek synergies with existing relevant European and international schemes such as the Regulation (EC) No 765/2008 of the European Parliament and of the Council (9) which sets out the requirements for accreditation of conformity assessment bodies and market surveillance of products.

(64) When addressing formats of advanced electronic_signatures and seals, the Commission should build on existing practices, standards and legislation, in particular Commission Decision 2011/130/EU (11).

(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.

(67) Website authentication services provide a means by which a visitor to a website can be assured that there is a genuine and legitimate entity standing behind the website.

  Those services contribute to the building of trust and confidence in conducting business online, as users will have confidence in a website that has been authenticated.

  The provision and the use of website authentication services are entirely voluntary.

  However, in order for website authentication to become a means to boosting trust, providing a better experience for the user and furthering growth in the internal market, this Regulation should lay down minimal security and liability obligations for the providers and their services.

  To that end, the results of existing industry-led initiatives, for example the Certification Authorities/Browsers Forum — CA/B Forum, have been taken into account.

  In addition, this Regulation should not impede the use of other means or methods to authenticate a website not falling under this Regulation nor should it prevent third country providers of website authentication services from providing their services to customers in the Union.

  However, a third country provider should only have its website authentication services recognised as qualified in accordance with this Regulation, if an international agreement between the Union and the country of establishment of the provider has been concluded.

(69) The Union institutions, bodies, offices and agencies are encouraged to recognise electronic_identification and trust_services covered by this Regulation for the purpose of administrative cooperation capitalising, in particular, on existing good practices and the results of ongoing projects in the areas covered by this Regulation.

(75) The application dates set out in this Regulation do not affect existing obligations that Member States already have under Union law, in particular under Directive 2006/123/EC.