keyboard_tab EIDAS 2014/0910 EN
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- 3 Article 1 Subject matter
- 44 Article 3 Definitions
- 5 Article 6 Mutual recognition
- 12 Article 7 Eligibility for notification of electronic identification schemes
- 9 Article 8 Assurance levels of electronic identification schemes
- 9 Article 9 Notification
- 3 Article 10 Security breach
- 3 Article 11 Liability
- 17 Article 12 Cooperation and interoperability
- 2 Article 14 International aspects
- 12 Article 17 Supervisory body
- 3 Article 18 Mutual assistance
- 2 Article 19 Security requirements applicable to trust service providers
- 2 Article 20 Supervision of qualified trust service providers
- 18 Article 24 Requirements for qualified trust service providers
- 4 Article 26 Requirements for advanced electronic signatures
- 1 Article 27 Electronic signatures in public services
- 2 Article 28 Qualified certificates for electronic signatures
- 2 Article 30 Certification of qualified electronic signature creation devices
- 8 Article 32 Requirements for the validation of qualified electronic signatures
- 2 Article 33 Qualified validation service for qualified electronic signatures
- 4 Article 36 Requirements for advanced electronic seals
- 3 Article 37 Electronic seals in public services
- 2 Article 38 Qualified certificates for electronic seals
- 3 Article 42 Requirements for qualified electronic time stamps
- 6 Article 44 Requirements for qualified electronic registered delivery services
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
- whereas (3) 1
- whereas (4) 1
- whereas (5) 1
- whereas (6) 1
- whereas (7) 1
- whereas (9) 2
- whereas (10) 4
- whereas (12) 2
- whereas (17) 3
- whereas (19) 2
- whereas (22) 2
- whereas (37) 1
- whereas (43) 1
- whereas (45) 1
- whereas (52) 2
- whereas (54) 3
- whereas (60) 1
- whereas (61) 1
- whereas (62) 1
- whereas (63) 2
- whereas (66) 1
- whereas (67) 1
- whereas (70) 1
- whereas (71) 1
- whereas (76) 1
- 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 150
- qualified 146
- article 114
- means 98
- electronic_identification 77
- referred 75
- data 74
- trust_service 71
- member 66
- certificate 63
- electronic_signature 62
- requirements 58
- which 56
- implementing 52
- acts 49
- accordance 44
- state 44
- electronic_seal 43
- advanced 42
- commission 42
- supervisory 41
- paragraph 41
- person 40
- body 38
- creation 38
- provider 37
- under 36
- legal 36
- standards 34
- providers 33
- natural 31
- down 30
- service 30
- the 30
- security 29
- states 29
- scheme 29
- provided 28
- assurance 28
- electronic_signatures 28
- certificates 27
- authentication 25
- laid 25
- least 24
- electronic 24
- issued 24
- used 24
- point 24
- level 23
- procedure 23
Article 1
Subject matter
With a view to ensuring the proper functioning of the internal market while aiming at an adequate level of security of electronic_identification means and trust_services this Regulation:
| (a) | lays down the conditions under which Member States recognise electronic_identification means of natural and legal persons falling under a notified electronic_identification scheme of another Member State; |
| (b) | lays down rules for trust_services, in particular for electronic transactions; and |
| (c) | establishes a legal framework for electronic_signatures, electronic_seals, electronic_time_stamps, electronic_documents, electronic_registered_delivery_services and certificate services for website authentication. |
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:
|
| (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 6
Mutual recognition
1. When an electronic_identification using an electronic_identification means and authentication is required under national law or by administrative practice to access a service provided by a public_sector_body online in one Member State, the electronic_identification means issued in another Member State shall be recognised in the first Member State for the purposes of cross-border authentication for that service online, provided that the following conditions are met:
| (a) | the electronic_identification means is issued under an electronic_identification scheme that is included in the list published by the Commission pursuant to Article 9; |
| (b) | the assurance level of the electronic_identification means corresponds to an assurance level equal to or higher than the assurance level required by the relevant public_sector_body to access that service online in the first Member State, provided that the assurance level of that electronic_identification means corresponds to the assurance level substantial or high; |
| (c) | the relevant public_sector_body uses the assurance level substantial or high in relation to accessing that service online. |
Such recognition shall take place no later than 12 months after the Commission publishes the list referred to in point (a) of the first subparagraph.
2. An electronic_identification means which is issued under an electronic_identification scheme included in the list published by the Commission pursuant to Article 9 and which corresponds to the assurance level low may be recognised by public sector bodies for the purposes of cross-border authentication for the service provided online by those bodies.
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:
|
| (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 8
Assurance levels of electronic_identification schemes
1. An electronic_identification scheme notified pursuant to Article 9(1) shall specify assurance levels low, substantial and/or high for electronic_identification means issued under that scheme.
2. The assurance levels low, substantial and high shall meet respectively the following criteria:
| (a) | assurance level low shall refer to an electronic_identification means in the context of an electronic_identification scheme, which provides a limited degree of confidence in the claimed or asserted identity of a person, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of misuse or alteration of the identity; |
| (b) | assurance level substantial shall refer to an electronic_identification means in the context of an electronic_identification scheme, which provides a substantial degree of confidence in the claimed or asserted identity of a person, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease substantially the risk of misuse or alteration of the identity; |
| (c) | assurance level high shall refer to an electronic_identification means in the context of an electronic_identification scheme, which provides a higher degree of confidence in the claimed or asserted identity of a person than electronic_identification means with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to prevent misuse or alteration of the identity. |
3. By 18 September 2015, taking into account relevant international standards and subject to paragraph 2, the Commission shall, by means of implementing acts, set out minimum technical specifications, standards and procedures with reference to which assurance levels low, substantial and high are specified for electronic_identification means for the purposes of paragraph 1.
Those minimum technical specifications, standards and procedures shall be set out by reference to the reliability and quality of the following elements:
| (a) | the procedure to prove and verify the identity of natural or legal persons applying for the issuance of electronic_identification means; |
| (b) | the procedure for the issuance of the requested electronic_identification means; |
| (c) | the authentication mechanism, through which the natural or legal person uses the electronic_identification means to confirm its identity to a relying_party; |
| (d) | the entity issuing the electronic_identification means; |
| (e) | any other body involved in the application for the issuance of the electronic_identification means; and |
| (f) | the technical and security specifications of the issued electronic_identification means. |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
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:
|
| (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 10
Security breach
1. Where either the electronic_identification scheme notified pursuant to Article 9(1) or the authentication referred to in point (f) of Article 7 is breached or partly compromised in a manner that affects the reliability of the cross-border authentication of that scheme, the notifying Member State shall, without delay, suspend or revoke that cross-border authentication or the compromised parts concerned, and shall inform other Member States and the Commission.
2. When the breach or compromise referred to in paragraph 1 is remedied, the notifying Member State shall re-establish the cross-border authentication and shall inform other Member States and the Commission without undue delay.
3. If the breach or compromise referred to in paragraph 1 is not remedied within three months of the suspension or revocation, the notifying Member State shall notify other Member States and the Commission of the withdrawal of the electronic_identification scheme.
The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 9(2) without undue delay.
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 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 14
International aspects
1. Trust services provided by trust_service providers established in a third country shall be recognised as legally equivalent to qualified trust_services provided by qualified trust_service providers established in the Union where the trust_services originating from the third country are recognised under an agreement concluded between the Union and the third country in question or an international organisation in accordance with Article 218 TFEU.
2. Agreements referred to in paragraph 1 shall ensure, in particular, that:
| (a) | the requirements applicable to qualified trust_service providers established in the Union and the qualified trust_services they provide are met by the trust_service providers in the third country or international organisations with which the agreement is concluded, and by the trust_services they provide; |
| (b) | the qualified trust_services provided by qualified trust_service providers established in the Union are recognised as legally equivalent to trust_services provided by trust_service providers in the third country or international organisation with which the agreement is concluded. |
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 18
Mutual assistance
1. Supervisory bodies shall cooperate with a view to exchanging good practice.
A supervisory body shall, upon receipt of a justified request from another supervisory body, provide that body with assistance so that the activities of supervisory bodies can be carried out in a consistent manner. Mutual assistance may cover, in particular, information requests and supervisory measures, such as requests to carry out inspections related to the conformity assessment reports as referred to in Articles 20 and 21.
2. A supervisory body to which a request for assistance is addressed may refuse that request on any of the following grounds:
| (a) | the supervisory body is not competent to provide the requested assistance; |
| (b) | the requested assistance is not proportionate to supervisory activities of the supervisory body carried out in accordance with Article 17; |
| (c) | providing the requested assistance would be incompatible with this Regulation. |
3. Where appropriate, Member States may authorise their respective supervisory bodies to carry out joint investigations in which staff from other Member States’ supervisory bodies is involved. The arrangements and procedures for such joint actions shall be agreed upon and established by the Member States concerned in accordance with their national law.
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 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 24
Requirements for qualified trust_service providers
1. When issuing a qualified certificate for a trust_service, a qualified trust_service provider shall verify, by appropriate means and in accordance with national law, the identity and, if applicable, any specific attributes of the natural or legal person to whom the qualified certificate is issued.
The information referred to in the first subparagraph shall be verified by the qualified trust_service provider either directly or by relying on a third party in accordance with national law:
| (a) | by the physical presence of the natural person or of an authorised representative of the legal person; or |
| (b) | remotely, using electronic_identification means, for which prior to the issuance of the qualified certificate, a physical presence of the natural person or of an authorised representative of the legal person was ensured and which meets the requirements set out in Article 8 with regard to the assurance levels ‘substantial’ or ‘high’; or |
| (c) | by means of a certificate of a qualified electronic_signature or of a qualified electronic_seal issued in compliance with point (a) or (b); or |
| (d) | by using other identification methods recognised at national level which provide equivalent assurance in terms of reliability to physical presence. The equivalent assurance shall be confirmed by a conformity_assessment_body. |
2. A qualified trust_service provider providing qualified trust_services shall:
| (a) | inform the supervisory body of any change in the provision of its qualified trust_services and an intention to cease those activities; |
| (b) | employ staff and, if applicable, subcontractors who possess the necessary expertise, reliability, experience, and qualifications and who have received appropriate training regarding security and personal data protection rules and shall apply administrative and management procedures which correspond to European or international standards; |
| (c) | with regard to the risk of liability for damages in accordance with Article 13, maintain sufficient financial resources and/or obtain appropriate liability insurance, in accordance with national law; |
| (d) | before entering into a contractual relationship, inform, in a clear and comprehensive manner, any person seeking to use a qualified trust_service of the precise terms and conditions regarding the use of that service, including any limitations on its use; |
| (e) | use trustworthy systems and products that are protected against modification and ensure the technical security and reliability of the processes supported by them; |
| (f) | use trustworthy systems to store data provided to it, in a verifiable form so that:
|
| (g) | take appropriate measures against forgery and theft of data; |
| (h) | record and keep accessible for an appropriate period of time, including after the activities of the qualified trust_service provider have ceased, all relevant information concerning data issued and received by the qualified trust_service provider, in particular, for the purpose of providing evidence in legal proceedings and for the purpose of ensuring continuity of the service. Such recording may be done electronically; |
| (i) | have an up-to-date termination plan to ensure continuity of service in accordance with provisions verified by the supervisory body under point (i) of Article 17(4); |
| (j) | ensure lawful processing of personal data in accordance with Directive 95/46/EC; |
| (k) | in case of qualified trust_service providers issuing qualified certificates, establish and keep updated a certificate database. |
3. If a qualified trust_service provider issuing qualified certificates decides to revoke a certificate, it shall register such revocation in its certificate database and publish the revocation status of the certificate in a timely manner, and in any event within 24 hours after the receipt of the request. The revocation shall become effective immediately upon its publication.
4. With regard to paragraph 3, qualified trust_service providers issuing qualified certificates shall provide to any relying_party information on the validity or revocation status of qualified certificates issued by them. This information shall be made available at least on a per certificate basis at any time and beyond the validity period of the certificate in an automated manner that is reliable, free of charge and efficient.
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products, which comply with the requirements under points (e) and (f) of paragraph 2 of this Article. Compliance with the requirements laid down in this Article shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 4
Electronic signatures
Article 26
Requirements for advanced electronic_signatures
An advanced electronic_signature shall meet the following requirements:
| (a) | it is uniquely linked to the signatory; |
| (b) | it is capable of identifying the signatory; |
| (c) | it is created using electronic_signature creation data that the signatory can, with a high level of confidence, use under his sole control; and |
| (d) | it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable. |
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 28
Qualified certificates for electronic_signatures
1. Qualified certificates for electronic_signatures shall meet the requirements laid down in Annex I.
2. Qualified certificates for electronic_signatures shall not be subject to any mandatory requirement exceeding the requirements laid down in Annex I.
3. Qualified certificates for electronic_signatures may include non-mandatory additional specific attributes. Those attributes shall not affect the interoperability and recognition of qualified electronic_signatures.
4. If a qualified certificate for electronic_signatures has been revoked after initial activation, it shall lose its validity from the moment of its revocation, and its status shall not in any circumstances be reverted.
5. Subject to the following conditions, Member States may lay down national rules on temporary suspension of a qualified certificate for electronic_signature:
| (a) | if a qualified certificate for electronic_signature has been temporarily suspended that certificate shall lose its validity for the period of suspension; |
| (b) | the period of suspension shall be clearly indicated in the certificate database and the suspension status shall be visible, during the period of suspension, from the service providing information on the status of the certificate. |
6. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic_signature. Compliance with the requirements laid down in Annex I shall be presumed where a qualified certificate for electronic_signature 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 32
Requirements for the validation of qualified electronic_signatures
1. The process for the validation of a qualified electronic_signature shall confirm the validity of a qualified electronic_signature provided that:
| (a) | the certificate that supports the signature was, at the time of signing, a qualified certificate for electronic_signature complying with Annex I; |
| (b) | the qualified certificate was issued by a qualified trust_service provider and was valid at the time of signing; |
| (c) | the signature validation_data corresponds to the data provided to the relying_party; |
| (d) | the unique set of data representing the signatory in the certificate is correctly provided to the relying_party; |
| (e) | the use of any pseudonym is clearly indicated to the relying_party if a pseudonym was used at the time of signing; |
| (f) | the electronic_signature was created by a qualified electronic_signature creation device; |
| (g) | the integrity of the signed data has not been compromised; |
| (h) | the requirements provided for in Article 26 were met at the time of signing. |
2. The system used for validating the qualified electronic_signature shall provide to the relying_party the correct result of the validation process and shall allow the relying_party to detect any security relevant issues.
3. The Commission may, by means of implementing acts, establish reference numbers of standards for the validation of qualified electronic_signatures. Compliance with the requirements laid down in paragraph 1 shall be presumed where the validation of qualified electronic_signatures meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 33
Qualified validation service for qualified electronic_signatures
1. A qualified validation service for qualified electronic_signatures may only be provided by a qualified trust_service provider who:
| (a) | provides validation in compliance with Article 32(1); and |
| (b) | allows relying parties to receive the result of the validation process in an automated manner, which is reliable, efficient and bears the advanced electronic_signature or advanced electronic_seal of the provider of the qualified validation service. |
2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified validation service referred to in paragraph 1. Compliance with the requirements laid down in paragraph 1 shall be presumed where the validation service for a qualified electronic_signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 36
Requirements for advanced electronic_seals
An advanced electronic_seal shall meet the following requirements:
| (a) | it is uniquely linked to the creator of the seal; |
| (b) | it is capable of identifying the creator of the seal; |
| (c) | it is created using electronic_seal creation data that the creator of the seal can, with a high level of confidence under its control, use for electronic_seal creation; and |
| (d) | it is linked to the data to which it relates in such a way that any subsequent change in the data is detectable. |
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).
Article 38
Qualified certificates for electronic_seals
1. Qualified certificates for electronic_seals shall meet the requirements laid down in Annex III.
2. Qualified certificates for electronic_seals shall not be subject to any mandatory requirements exceeding the requirements laid down in Annex III.
3. Qualified certificates for electronic_seals may include non-mandatory additional specific attributes. Those attributes shall not affect the interoperability and recognition of qualified electronic_seals.
4. If a qualified certificate for an electronic_seal has been revoked after initial activation, it shall lose its validity from the moment of its revocation, and its status shall not in any circumstances be reverted.
5. Subject to the following conditions, Member States may lay down national rules on temporary suspension of qualified certificates for electronic_seals:
| (a) | if a qualified certificate for electronic_seal has been temporarily suspended, that certificate shall lose its validity for the period of suspension; |
| (b) | the period of suspension shall be clearly indicated in the certificate database and the suspension status shall be visible, during the period of suspension, from the service providing information on the status of the certificate. |
6. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic_seals. Compliance with the requirements laid down in Annex III shall be presumed where a qualified certificate for electronic_seal meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 42
Requirements for qualified electronic_time_stamps
1. A qualified electronic_time_stamp shall meet the following requirements:
| (a) | it binds the date and time to data in such a manner as to reasonably preclude the possibility of the data being changed undetectably; |
| (b) | it is based on an accurate time source linked to Coordinated Universal Time; and |
| (c) | it is signed using an advanced electronic_signature or sealed with an advanced electronic_seal of the qualified trust_service provider, or by some equivalent method. |
2. The Commission may, by means of implementing acts, establish reference numbers of standards for the binding of date and time to data and for accurate time sources. Compliance with the requirements laid down in paragraph 1 shall be presumed where the binding of date and time to data and the accurate time source meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 7
Electronic registered delivery services
Article 44
Requirements for qualified electronic_registered_delivery_services
1. Qualified electronic_registered_delivery_services shall meet the following requirements:
| (a) | they are provided by one or more qualified trust_service provider(s); |
| (b) | they ensure with a high level of confidence the identification of the sender; |
| (c) | they ensure the identification of the addressee before the delivery of the data; |
| (d) | the sending and receiving of data is secured by an advanced electronic_signature or an advanced electronic_seal of a qualified trust_service provider in such a manner as to preclude the possibility of the data being changed undetectably; |
| (e) | any change of the data needed for the purpose of sending or receiving the data is clearly indicated to the sender and addressee of the data; |
| (f) | the date and time of sending, receiving and any change of data are indicated by a qualified electronic_time_stamp. |
In the event of the data being transferred between two or more qualified trust_service providers, the requirements in points (a) to (f) shall apply to all the qualified trust_service providers.
2. The Commission may, by means of implementing acts, establish reference numbers of standards for processes for sending and receiving data. Compliance with the requirements laid down in paragraph 1 shall be presumed where the process for sending and receiving data meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 8
Website authentication
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:
|
| (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
| 1. | Qualified electronic_signature creation devices shall ensure, by appropriate technical and procedural means, that at least:
|
| 2. | 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. |
| 3. | Generating or managing electronic_signature creation data on behalf of the signatory may only be done by a qualified trust_service provider. |
| 4. | 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:
|
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:
|
| (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:
|
| (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