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 9 Notification
- 1 Article 10 Security breach
- 4 Article 24 Requirements for qualified trust service providers
- 1 Article 28 Qualified certificates for electronic signatures
- 1 Article 38 Qualified certificates for electronic seals
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
ELECTRONIC IDENTIFICATION
CHAPTER III
TRUST SERVICES
SECTION 1
General provisions
SECTION 2
Supervision
SECTION 3
Qualified trust services
SECTION 4
Electronic signatures
SECTION 5
Electronic seals
SECTION 6
Electronic time stamps
SECTION 7
Electronic registered delivery services
SECTION 8
Website authentication
CHAPTER IV
ELECTRONIC DOCUMENTS
CHAPTER V
DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS
CHAPTER VI
FINAL PROVISIONS
- electronic identification
- electronic identification means
- person identification data
- electronic identification scheme
- authentication
- relying party
- public sector body
- body governed by public law
- signatory
- electronic signature
- advanced electronic signature
- qualified electronic signature
- electronic signature creation data
- certificate for electronic signature
- qualified certificate for electronic signature
- trust service
- qualified trust service
- conformity assessment body
- trust service provider
- qualified trust service provider
- product
- electronic signature creation device
- qualified electronic signature creation device
- creator of a seal
- electronic seal
- advanced electronic seal
- qualified electronic seal
- electronic seal creation data
- certificate for electronic seal
- qualified certificate for electronic seal
- electronic seal creation device
- qualified electronic seal creation device
- electronic time stamp
- qualified electronic time stamp
- electronic document
- electronic registered delivery service
- qualified electronic registered delivery service
- certificate for website authentication
- qualified certificate for website authentication
- validation data
- validation
- shall 41
- qualified 35
- certificate 23
- article 20
- referred 15
- certificates 15
- commission 13
- suspension 12
- requirements 12
- member 12
- trust_service 11
- electronic_identification 10
- accordance 10
- implementing 10
- information 10
- acts 10
- paragraph 9
- means 9
- down 9
- period 9
- revocation 8
- scheme 8
- status 8
- from 8
- data 8
- authentication 7
- person 7
- which 7
- standards 7
- laid 7
- annex 6
- provider 6
- state 6
- qualified 6
- electronic_seals 6
- national 6
- electronic_signatures 6
- validity 6
- attributes 5
- publish 5
- appropriate 5
- european 5
- states 5
- service 5
- the 5
- procedure 5
- issuing 5
- if 5
- list 5
- after 5
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 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 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 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).
whereas