keyboard_tab EIDAS 2014/0910 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 3 Article 11 Liability
- 1 Article 13 Liability and burden of proof
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
ELECTRONIC IDENTIFICATION
CHAPTER III
TRUST SERVICES
SECTION 1
General provisions
SECTION 2
Supervision
SECTION 3
Qualified trust services
SECTION 4
Electronic signatures
SECTION 5
Electronic seals
SECTION 6
Electronic time stamps
SECTION 7
Electronic registered delivery services
SECTION 8
Website authentication
CHAPTER IV
ELECTRONIC DOCUMENTS
CHAPTER V
DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS
CHAPTER VI
FINAL PROVISIONS
- electronic identification
- electronic identification means
- person identification data
- electronic identification scheme
- authentication
- relying party
- public sector body
- body governed by public law
- signatory
- electronic signature
- advanced electronic signature
- qualified electronic signature
- electronic signature creation data
- certificate for electronic signature
- qualified certificate for electronic signature
- trust service
- qualified trust service
- conformity assessment body
- trust service provider
- qualified trust service provider
- product
- electronic signature creation device
- qualified electronic signature creation device
- creator of a seal
- electronic seal
- advanced electronic seal
- qualified electronic seal
- electronic seal creation data
- certificate for electronic seal
- qualified certificate for electronic seal
- electronic seal creation device
- qualified electronic seal creation device
- electronic time stamp
- qualified electronic time stamp
- electronic document
- electronic registered delivery service
- qualified electronic registered delivery service
- certificate for website authentication
- qualified certificate for website authentication
- validation data
- validation
- shall 9
- trust_service 7
- article 6
- damage 6
- legal 5
- liability 5
- liable 5
- person 5
- natural 5
- referred 4
- provider 4
- transaction 4
- failure 4
- under 4
- intentionally 4
- negligently 4
- caused 4
- electronic_identification 3
- national 3
- the 3
- limitations 3
- providers 3
- intention 3
- negligence 3
- qualified 3
- cross-border 3
- comply 3
- paragraphs 3
- first 2
- accordance 2
- services 2
- burden 2
- subparagraph 2
- prejudice 2
- without 2
- rules 2
- parties 2
- applied 2
- obligations 2
- party 2
- authentication 2
- means 2
- point 2
- presumed 1
- unless 1
- proves 1
- occurred 1
- where 1
- duly 1
- inform 1
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 13
Liability and burden of proof
1. Without prejudice to paragraph 2, trust_service providers shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation.
The burden of proving intention or negligence of a non-qualified trust_service provider shall lie with the natural or legal person claiming the damage referred to in the first subparagraph.
The intention or negligence of a qualified trust_service provider shall be presumed unless that qualified trust_service provider proves that the damage referred to in the first subparagraph occurred without the intention or negligence of that qualified trust_service provider.
2. Where trust_service providers duly inform their customers in advance of the limitations on the use of the services they provide and where those limitations are recognisable to third parties, trust_service providers shall not be liable for damages arising from the use of services exceeding the indicated limitations.
3. Paragraphs 1 and 2 shall be applied in accordance with national rules on liability.
whereas