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
- 2 Article 5 Data processing and protection
- 4 Article 12 Cooperation and interoperability
- 2 Article 16 Penalties
- 2 Article 19 Security requirements applicable to trust service providers
- 2 Article 24 Requirements for qualified trust service providers
- 2 Article 34 Qualified preservation service for qualified electronic signatures
- 2 Article 40 Validation and preservation of qualified electronic seals
- 2 Article 42 Requirements for qualified electronic time stamps
- 2 Article 44 Requirements for qualified electronic registered delivery services
- 2 Article 45 Requirements for qualified certificates for website authentication
- 2 Article 46 Legal effects of electronic documents
- 2 Article 48 Committee procedure
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 49
- qualified 46
- article 31
- data 27
- trust_service 24
- requirements 17
- implementing 16
- security 16
- accordance 15
- acts 14
- the 13
- standards 13
- paragraph 12
- electronic_identification 12
- provider 11
- certificate 11
- time 11
- referred 11
- legal 11
- person 10
- means 10
- providers 10
- national 9
- schemes 9
- procedure 9
- reference 9
- commission 9
- under 8
- section 8
- interoperability 8
- assurance 8
- examination 8
- member 8
- electronic 8
- appropriate 8
- service 8
- states 8
- which 7
- establish 7
- supervisory 7
- adopted 7
- body 7
- certificates 7
- down 7
- information 7
- breach 6
- loss 6
- integrity 6
- such 6
- ensure 6
Article 5
Data processing and protection
1. Processing of personal data shall be carried out in accordance with Directive 95/46/EC.
2. Without prejudice to the legal effect given to pseudonyms under national law, the use of pseudonyms in electronic transactions shall not be prohibited.
CHAPTER II
ELECTRONIC IDENTIFICATION
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 16
Penalties
Member States shall lay down the rules on penalties applicable to infringements of this Regulation. The penalties provided for shall be effective, proportionate and dissuasive.
section 2
Supervision
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 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 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 40
Validation and preservation of qualified electronic_seals
Articles 32, 33 and 34 shall apply mutatis mutandis to the validation and preservation of qualified electronic_seals.
section 6
Electronic time stamps
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
Article 46
Legal effects of electronic_documents
An electronic_document shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.
CHAPTER V
DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS
Article 48
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
CHAPTER VI
FINAL PROVISIONS
whereas