EIDAS 2014/0910 EN

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.

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:

(i)	they are publicly available for retrieval only where the consent of the person to whom the data relates has been obtained,

(ii)	only authorised persons can make entries and changes to the stored data,

(iii)

the data can be checked for authenticity;

(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 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 29

Requirements for qualified electronic_signature creation devices

1. Qualified electronic_signature creation devices shall meet the requirements laid down in Annex II.

2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified electronic_signature creation devices. Compliance with the requirements laid down in Annex II shall be presumed where a qualified electronic_signature creation device meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

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 34

Qualified preservation service for qualified electronic_signatures

1. A qualified preservation service for qualified electronic_signatures may only be provided by a qualified trust_service provider that uses procedures and technologies capable of extending the trustworthiness of the qualified electronic_signature beyond the technological validity period.

2. The Commission may, by means of implementing acts, establish reference numbers of standards for the qualified preservation service for qualified electronic_signatures. Compliance with the requirements laid down in paragraph 1 shall be presumed where the arrangements for the qualified preservation service for qualified electronic_signatures meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

SECTION 5

Electronic seals

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 45

Requirements for qualified certificates for website authentication

1. Qualified certificates for website authentication shall meet the requirements laid down in Annex IV.

2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for website authentication. Compliance with the requirements laid down in Annex IV shall be presumed where a qualified certificate for website authentication meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

CHAPTER IV

ELECTRONIC DOCUMENTS

whereas

keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN