keyboard_tab EIDAS 2014/0910 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Article 8 Assurance levels of electronic identification schemes
- 1 Article 17 Supervisory body
- 1 Article 18 Mutual assistance
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
ELECTRONIC IDENTIFICATION
CHAPTER III
TRUST SERVICES
SECTION 1
General provisions
SECTION 2
Supervision
SECTION 3
Qualified trust services
SECTION 4
Electronic signatures
SECTION 5
Electronic seals
SECTION 6
Electronic time stamps
SECTION 7
Electronic registered delivery services
SECTION 8
Website authentication
CHAPTER IV
ELECTRONIC DOCUMENTS
CHAPTER V
DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS
CHAPTER VI
FINAL PROVISIONS
- electronic identification
- electronic identification means
- person identification data
- electronic identification scheme
- authentication
- relying party
- public sector body
- body governed by public law
- signatory
- electronic signature
- advanced electronic signature
- qualified electronic signature
- electronic signature creation data
- certificate for electronic signature
- qualified certificate for electronic signature
- trust service
- qualified trust service
- conformity assessment body
- trust service provider
- qualified trust service provider
- product
- electronic signature creation device
- qualified electronic signature creation device
- creator of a seal
- electronic seal
- advanced electronic seal
- qualified electronic seal
- electronic seal creation data
- certificate for electronic seal
- qualified certificate for electronic seal
- electronic seal creation device
- qualified electronic seal creation device
- electronic time stamp
- qualified electronic time stamp
- electronic document
- electronic registered delivery service
- qualified electronic registered delivery service
- certificate for website authentication
- qualified certificate for website authentication
- validation data
- validation
- supervisory 25
- shall 20
- body 18
- electronic_identification 17
- article 14
- means 14
- accordance 12
- trust_service 10
- which 10
- member 9
- technical 9
- providers 9
- assistance 8
- bodies 8
- qualified 8
- assurance 8
- identity 8
- procedures 7
- referred 7
- activities 7
- standards 6
- provide 6
- commission 6
- paragraph 6
- substantial 6
- states 6
- specifications 6
- reference 5
- scheme 5
- state 5
- established 5
- including 4
- related 4
- levels 4
- requested 4
- implementing 4
- the 4
- request 4
- acts 4
- procedure 4
- report 4
- level 4
- high 4
- regulation 4
- person 4
- about 4
- down 3
- conformity 3
- articles 3
- cooperate 3
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 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.
whereas