keyboard_tab EIDAS 2014/0910 EN

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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).