EIDAS 2014/0910 EN

With a view to ensuring the proper functioning of the internal market while aiming at an adequate level of security of electronic_identification means and trust_services this Regulation:

(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.

Article 2

Scope

1. This Regulation applies to electronic_identification schemes that have been notified by a Member State, and to trust_service providers that are established in the Union.

2. This Regulation does not apply to the provision of trust_services that are used exclusively within closed systems resulting from national law or from agreements between a defined set of participants.

3. This Regulation does not affect national or Union law related to the conclusion and validity of contracts or other legal or procedural obligations relating to form.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(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:

(a)	the creation, verification, and validation of electronic_signatures, electronic_seals or electronic_time_stamps, electronic_registered_delivery_services and certificates related to those services, or

(b)	the creation, verification and validation of certificates for website authentication; or

(c)	the preservation of electronic_signatures, seals or certificates related to those services;

(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.

Article 4

Internal market principle

1. There shall be no restriction on the provision of trust_services in the territory of a Member State by a trust_service provider established in another Member State for reasons that fall within the fields covered by this Regulation.

2. Products and trust_services that comply with this Regulation shall be permitted to circulate freely in the internal market.

Article 6

Mutual recognition

1. When an electronic_identification using an electronic_identification means and authentication is required under national law or by administrative practice to access a service provided by a public_sector_body online in one Member State, the electronic_identification means issued in another Member State shall be recognised in the first Member State for the purposes of cross-border authentication for that service online, provided that the following conditions are met:

(a)	the electronic_identification means is issued under an electronic_identification scheme that is included in the list published by the Commission pursuant to Article 9;

(b)

the assurance level of the electronic_identification means corresponds to an assurance level equal to or higher than the assurance level required by the relevant public_sector_body to access that service online in the first Member State, provided that the assurance level of that electronic_identification means corresponds to the assurance level substantial or high;

(c)	the relevant public_sector_body uses the assurance level substantial or high in relation to accessing that service online.

Such recognition shall take place no later than 12 months after the Commission publishes the list referred to in point (a) of the first subparagraph.

2. An electronic_identification means which is issued under an electronic_identification scheme included in the list published by the Commission pursuant to Article 9 and which corresponds to the assurance level low may be recognised by public sector bodies for the purposes of cross-border authentication for the service provided online by those bodies.

Article 7

Eligibility for notification of electronic_identification schemes

An electronic_identification scheme shall be eligible for notification pursuant to Article 9(1) provided that all of the following conditions are met:

(a)

the electronic_identification means under the electronic_identification scheme are issued:

(i)	by the notifying Member State;

(ii)	under a mandate from the notifying Member State; or

(iii)

independently of the notifying Member State and are recognised by that Member State;

(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).

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 13

Liability and burden of proof

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 14

International aspects

1. Trust services provided by trust_service providers established in a third country shall be recognised as legally equivalent to qualified trust_services provided by qualified trust_service providers established in the Union where the trust_services originating from the third country are recognised under an agreement concluded between the Union and the third country in question or an international organisation in accordance with Article 218 TFEU.

2. Agreements referred to in paragraph 1 shall ensure, in particular, that:

(a)

the requirements applicable to qualified trust_service providers established in the Union and the qualified trust_services they provide are met by the trust_service providers in the third country or international organisations with which the agreement is concluded, and by the trust_services they provide;

(b)	the qualified trust_services provided by qualified trust_service providers established in the Union are recognised as legally equivalent to trust_services provided by trust_service providers in the third country or international organisation with which the agreement is concluded.

Article 15

Accessibility for persons with disabilities

Where feasible, trust_services provided and end-user products used in the provision of those services shall be made accessible for persons with disabilities.

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 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 20

Supervision of qualified trust_service providers

1. Qualified trust_service providers shall be audited at their own expense at least every 24 months by a conformity_assessment_body. The purpose of the audit shall be to confirm that the qualified trust_service providers and the qualified trust_services provided by them fulfil the requirements laid down in this Regulation. The qualified trust_service providers shall submit the resulting conformity assessment report to the supervisory body within the period of three working days after receiving it.

2. Without prejudice to paragraph 1, the supervisory body may at any time audit or request a conformity_assessment_body to perform a conformity assessment of the qualified trust_service providers, at the expense of those trust_service providers, to confirm that they and the qualified trust_services provided by them fulfil the requirements laid down in this Regulation. Where personal data protection rules appear to have been breached, the supervisory body shall inform the data protection authorities of the results of its audits.

3. Where the supervisory body requires the qualified trust_service provider to remedy any failure to fulfil requirements under this Regulation and where that provider does not act accordingly, and if applicable within a time limit set by the supervisory body, the supervisory body, taking into account, in particular, the extent, duration and consequences of that failure, may withdraw the qualified status of that provider or of the affected service it provides and inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1). The supervisory body shall inform the qualified trust_service provider of the withdrawal of its qualified status or of the qualified status of the service concerned.

4. The Commission may, by means of implementing acts, establish reference number of the following standards:

(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.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 21

Initiation of a qualified trust_service

1. Where trust_service providers, without qualified status, intend to start providing qualified trust_services, they shall submit to the supervisory body a notification of their intention together with a conformity assessment report issued by a conformity_assessment_body.

2. The supervisory body shall verify whether the trust_service provider and the trust_services provided by it comply with the requirements laid down in this Regulation, and in particular, with the requirements for qualified trust_service providers and for the qualified trust_services they provide.

If the supervisory body concludes that the trust_service provider and the trust_services provided by it comply with the requirements referred to in the first subparagraph, the supervisory body shall grant qualified status to the trust_service provider and the trust_services it provides and inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1), not later than three months after notification in accordance with paragraph 1 of this Article.

If the verification is not concluded within three months of notification, the supervisory body shall inform the trust_service provider specifying the reasons for the delay and the period within which the verification is to be concluded.

3. Qualified trust_service providers may begin to provide the qualified trust_service after the qualified status has been indicated in the trusted lists referred to in Article 22(1).

4. The Commission may, by means of implementing acts, define the formats and procedures for the purpose of paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 22

Trusted lists

1. Each Member State shall establish, maintain and publish trusted lists, including information related to the qualified trust_service providers for which it is responsible, together with information related to the qualified trust_services provided by them.

2. Member States shall establish, maintain and publish, in a secured manner, the electronically signed or sealed trusted lists referred to in paragraph 1 in a form suitable for automated processing.

3. Member States shall notify to the Commission, without undue delay, information on the body responsible for establishing, maintaining and publishing national trusted lists, and details of where such lists are published, the certificates used to sign or seal the trusted lists and any changes thereto.

4. The Commission shall make available to the public, through a secure channel, the information referred to in paragraph 3 in electronically signed or sealed form suitable for automated processing.

5. By 18 September 2015 the Commission shall, by means of implementing acts, specify the information referred to in paragraph 1 and define the technical specifications and formats for trusted lists applicable for the purposes of paragraphs 1 to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 23

EU trust mark for qualified trust_services

1. After the qualified status referred to in the second subparagraph of Article 21(2) has been indicated in the trusted list referred to in Article 22(1), qualified trust_service providers may use the EU trust mark to indicate in a simple, recognisable and clear manner the qualified trust_services they provide.

2. When using the EU trust mark for the qualified trust_services referred to in paragraph 1, qualified trust_service providers shall ensure that a link to the relevant trusted list is made available on their website.

3. By 1 July 2015 the Commission shall, by means of implementing acts, provide for specifications with regard to the form, and in particular the presentation, composition, size and design of the EU trust mark for qualified trust_services. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

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 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 43

Legal effect of an electronic_registered_delivery_service

1. Data sent and received using an electronic_registered_delivery_service shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic_registered_delivery_service.

2. Data sent and received using a qualified electronic_registered_delivery_service shall enjoy the presumption of the integrity of the data, the sending of that data by the identified sender, its receipt by the identified addressee and the accuracy of the date and time of sending and receipt indicated by the qualified electronic_registered_delivery_service.

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 51

Transitional measures

1. Secure signature creation devices of which the conformity has been determined in accordance with Article 3(4) of Directive 1999/93/EC shall be considered as qualified electronic_signature creation devices under this Regulation.

2. Qualified certificates issued to natural persons under Directive 1999/93/EC shall be considered as qualified certificates for electronic_signatures under this Regulation until they expire.

3. A certification-service-provider issuing qualified certificates under Directive 1999/93/EC shall submit a conformity assessment report to the supervisory body as soon as possible but not later than 1 July 2017. Until the submission of such a conformity assessment report and the completion of its assessment by the supervisory body, that certification-service-provider shall be considered as qualified trust_service provider under this Regulation.

4. If a certification-service-provider issuing qualified certificates under Directive 1999/93/EC does not submit a conformity assessment report to the supervisory body within the time limit referred to in paragraph 3, that certification-service-provider shall not be considered as qualified trust_service provider under this Regulation from 2 July 2017.

Article 52

Entry into force

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. This Regulation shall apply from 1 July 2016, except for the following:

(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).

3. Where the notified electronic_identification scheme is included in the list published by the Commission pursuant to Article 9 before the date referred to in point (c) of paragraph 2 of this Article, the recognition of the electronic_identification means under that scheme pursuant to Article 6 shall take place no later than 12 months after the publication of that scheme but not before the date referred to in point (c) of paragraph 2 of this Article.

4. Notwithstanding point (c) of paragraph 2 of this Article, a Member State may decide that electronic_identification means under electronic_identification scheme notified pursuant to Article 9(1) by another Member State are recognised in the first Member State as from the date of application of the implementing acts referred to in Articles 8(3) and 12(8). Member States concerned shall inform the Commission. The Commission shall make this information public.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 July 2014.

For the Parliament

The President

M. SCHULZ

For the Council

The President

S. GOZI

(1) OJ C 351, 15.11.2012, p. 73.

(2) Position of the European Parliament of 3 April 2014 (not yet published in the Official Journal) and decision of the Council of 23 July 2014.

(3) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic_signatures (OJ L 13, 19.1.2000, p. 12).

(4) OJ C 50 E, 21.2.2012, p. 1.

(5) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

(6) Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).

(7) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(8) Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

(9) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

(10) Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the ‘points of single contact’ under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 274, 20.10.2009, p. 36).

(11) Commission Decision 2011/130/EU of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 53, 26.2.2011, p. 66).

(12) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(13) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(14) OJ C 28, 30.1.2013, p. 6.

(15) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

ANNEX I

REQUIREMENTS FOR QUALIFIED CERTIFICATES FOR ELECTRONIC SIGNATURES

Qualified certificates for electronic_signatures shall contain:

(a)	an indication, at least in a form suitable for automated processing, that the certificate has been issued as a qualified certificate for electronic_signature;

(b)

a set of data unambiguously representing the qualified trust_service provider issuing the qualified certificates including at least, the Member State in which that provider is established and:

—	for a legal person: the name and, where applicable, registration number as stated in the official records,

—	for a natural person: the person’s name;

(c)	at least the name of the signatory, or a pseudonym; if a pseudonym is used, it shall be clearly indicated;

(d)	electronic_signature validation_data that corresponds to the electronic_signature creation data;

(e)	details of the beginning and end of the certificate’s period of validity;

(f)	the certificate identity code, which must be unique for the qualified trust_service provider;

(g)	the advanced electronic_signature or advanced electronic_seal of the issuing qualified trust_service provider;

(h)	the location where the certificate supporting the advanced electronic_signature or advanced electronic_seal referred to in point (g) is available free of charge;

(i)	the location of the services that can be used to enquire about the validity status of the qualified certificate;

(j)	where the electronic_signature creation data related to the electronic_signature validation_data is located in a qualified electronic_signature creation device, an appropriate indication of this, at least in a form suitable for automated processing.

ANNEX II

REQUIREMENTS FOR QUALIFIED ELECTRONIC SIGNATURE CREATION DEVICES

Qualified electronic_signature creation devices shall ensure, by appropriate technical and procedural means, that at least:

(a)	the confidentiality of the electronic_signature creation data used for electronic_signature creation is reasonably assured;

(b)	the electronic_signature creation data used for electronic_signature creation can practically occur only once;

(c)	the electronic_signature creation data used for electronic_signature creation cannot, with reasonable assurance, be derived and the electronic_signature is reliably protected against forgery using currently available technology;

(d)	the electronic_signature creation data used for electronic_signature creation can be reliably protected by the legitimate signatory against use by others.

Qualified electronic_signature creation devices shall not alter the data to be signed or prevent such data from being presented to the signatory prior to signing.

Generating or managing electronic_signature creation data on behalf of the signatory may only be done by a qualified trust_service provider.

Without prejudice to point (d) of point 1, qualified trust_service providers managing electronic_signature creation data on behalf of the signatory may duplicate the electronic_signature creation data only for back-up purposes provided the following requirements are met:

(a)	the security of the duplicated datasets must be at the same level as for the original datasets;

(b)	the number of duplicated datasets shall not exceed the minimum needed to ensure continuity of the service.

ANNEX III

REQUIREMENTS FOR QUALIFIED CERTIFICATES FOR ELECTRONIC SEALS

Qualified certificates for electronic_seals shall contain:

(a)	an indication, at least in a form suitable for automated processing, that the certificate has been issued as a qualified certificate for electronic_seal;

(b)

a set of data unambiguously representing the qualified trust_service provider issuing the qualified certificates including at least the Member State in which that provider is established and:

—	for a legal person: the name and, where applicable, registration number as stated in the official records,

—	for a natural person: the person’s name;

(c)	at least the name of the creator of the seal and, where applicable, registration number as stated in the official records;

(d)	electronic_seal validation_data, which corresponds to the electronic_seal creation data;

(e)	details of the beginning and end of the certificate’s period of validity;

(f)	the certificate identity code, which must be unique for the qualified trust_service provider;

(g)	the advanced electronic_signature or advanced electronic_seal of the issuing qualified trust_service provider;

(h)	the location where the certificate supporting the advanced electronic_signature or advanced electronic_seal referred to in point (g) is available free of charge;

(i)	the location of the services that can be used to enquire as to the validity status of the qualified certificate;

(j)	where the electronic_seal creation data related to the electronic_seal validation_data is located in a qualified electronic_seal creation device, an appropriate indication of this, at least in a form suitable for automated processing.

ANNEX IV

REQUIREMENTS FOR QUALIFIED CERTIFICATES FOR WEBSITE AUTHENTICATION

Qualified certificates for website authentication shall contain:

(a)	an indication, at least in a form suitable for automated processing, that the certificate has been issued as a qualified certificate for website authentication;

(b)

a set of data unambiguously representing the qualified trust_service provider issuing the qualified certificates including at least the Member State in which that provider is established and:

—	for a legal person: the name and, where applicable, registration number as stated in the official records,

—	for a natural person: the person’s name;

(c)

for natural persons: at least the name of the person to whom the certificate has been issued, or a pseudonym. If a pseudonym is used, it shall be clearly indicated;

for legal persons: at least the name of the legal person to whom the certificate is issued and, where applicable, registration number as stated in the official records;

(d)	elements of the address, including at least city and State, of the natural or legal person to whom the certificate is issued and, where applicable, as stated in the official records;

(e)	the domain name(s) operated by the natural or legal person to whom the certificate is issued;

(f)	details of the beginning and end of the certificate’s period of validity;

(g)	the certificate identity code, which must be unique for the qualified trust_service provider;

(h)	the advanced electronic_signature or advanced electronic_seal of the issuing qualified trust_service provider;

(i)	the location where the certificate supporting the advanced electronic_signature or advanced electronic_seal referred to in point (h) is available free of charge;

(j)	the location of the certificate validity status services that can be used to enquire as to the validity status of the qualified certificate.

whereas

(1) Building trust in the online environment is key to economic and social development.
Lack of trust, in particular because of a perceived lack of legal certainty, makes consumers, businesses and public authorities hesitate to carry out transactions electronically and to adopt new services.

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(2) This Regulation seeks to enhance trust in electronic transactions in the internal market by providing a common foundation for secure electronic interaction between citizens, businesses and public authorities, thereby increasing the effectiveness of public and private online services, electronic business and electronic commerce in the Union.

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(4) The Commission communication of 26 August 2010 entitled ‘A Digital Agenda for Europe’ identified the fragmentation of the digital market, the lack of interoperability and the rise in cybercrime as major obstacles to the virtuous cycle of the digital economy.
In its EU Citizenship Report 2010, entitled ‘Dismantling the obstacles to EU citizens’ rights’, the Commission further highlighted the need to solve the main problems that prevent Union citizens from enjoying the benefits of a digital single market and cross-border digital services.

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(5) In its conclusions of 4 February 2011 and of 23 October 2011, the European Council invited the Commission to create a digital single market by 2015, to make rapid progress in key areas of the digital economy and to promote a fully integrated digital single market by facilitating the cross-border use of online services, with particular attention to facilitating secure electronic_identification and authentication.

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(6) In its conclusions of 27 May 2011, the Council invited the Commission to contribute to the digital single market by creating appropriate conditions for the mutual recognition of key enablers across borders, such as electronic_identification, electronic_documents, electronic_signatures and electronic delivery services, and for interoperable e-government services across the European Union.

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(7) The European Parliament, in its resolution of 21 September 2010 on completing the internal market for e-commerce (4), stressed the importance of the security of electronic services, especially of electronic_signatures, and of the need to create a public key infrastructure at pan-European level, and called on the Commission to set up a European validation authorities gateway to ensure the cross-border interoperability of electronic_signatures and to increase the security of transactions carried out using the internet.

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(8) Directive 2006/123/EC of the European Parliament and of the Council (5) requires Member States to establish ‘points of single contact’ (PSCs) to ensure that all procedures and formalities relating to access to a service activity and to the exercise thereof can be easily completed, at a distance and by electronic means, through the appropriate PSC with the appropriate authorities.
Many online services accessible through PSCs require electronic_identification, authentication and signature.

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(9) In most cases, citizens cannot use their electronic_identification to authenticate themselves in another Member State because the national electronic_identification schemes in their country are not recognised in other Member States.
That electronic barrier excludes service providers from enjoying the full benefits of the internal market.
Mutually recognised electronic_identification means will facilitate cross-border provision of numerous services in the internal market and enable businesses to operate on a cross-border basis without facing many obstacles in interactions with public authorities.

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(10) Directive 2011/24/EU of the European Parliament and of the Council (6) set up a network of national authorities responsible for e-health.
To enhance the safety and the continuity of cross-border healthcare, the network is required to produce guidelines on cross-border access to electronic health data and services, including by supporting ‘common identification and authentication measures to facilitate transferability of data in cross-border healthcare’.
Mutual recognition of electronic_identification and authentication is key to making cross-border healthcare for European citizens a reality.
When people travel for treatment, their medical data need to be accessible in the country of treatment.
That requires a solid, safe and trusted electronic_identification framework.

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(11) This Regulation should be applied in full compliance with the principles relating to the protection of personal data provided for in Directive 95/46/EC of the European Parliament and of the Council (7).
In this respect, having regard to the principle of mutual recognition established by this Regulation, authentication for an online service should concern processing of only those identification data that are adequate, relevant and not excessive to grant access to that service online.
Furthermore, requirements under Directive 95/46/EC concerning confidentiality and security of processing should be respected by trust_service providers and supervisory bodies.

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(12) One of the objectives of this Regulation is to remove existing barriers to the cross-border use of electronic_identification means used in the Member States to authenticate, for at least public services.
This Regulation does not aim to intervene with regard to electronic identity management systems and related infrastructures established in Member States.
The aim of this Regulation is to ensure that for access to cross-border online services offered by Member States, secure electronic_identification and authentication is possible.

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(13) Member States should remain free to use or to introduce means for the purposes of electronic_identification for accessing online services.
They should also be able to decide whether to involve the private sector in the provision of those means.
Member States should not be obliged to notify their electronic_identification schemes to the Commission.
The choice to notify the Commission of all, some or none of the electronic_identification schemes used at national level to access at least public online services or specific services is up to Member States.

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(14) Some conditions need to be set out in this Regulation with regard to which electronic_identification means have to be recognised and how the electronic_identification schemes should be notified.
Those conditions should help Member States to build the necessary trust in each other’s electronic_identification schemes and to mutually recognise electronic_identification means falling under their notified schemes.
The principle of mutual recognition should apply if the notifying Member State’s electronic_identification scheme meets the conditions of notification and the notification was published in the Official Journal of the European Union.
However, the principle of mutual recognition should only relate to authentication for an online service.
The access to those online services and their final delivery to the applicant should be closely linked to the right to receive such services under the conditions set out in national legislation.

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(15) The obligation to recognise electronic_identification means should relate only to those means the identity assurance level of which corresponds to the level equal to or higher than the level required for the online service in question.
In addition, that obligation should only apply when the public_sector_body in question uses the assurance level ‘substantial’ or ‘high’ in relation to accessing that service online.
Member States should remain free, in accordance with Union law, to recognise electronic_identification means having lower identity assurance levels.

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(17) Member States should encourage the private sector to voluntarily use electronic_identification means under a notified scheme for identification purposes when needed for online services or electronic transactions.
The possibility to use such electronic_identification means would enable the private sector to rely on electronic_identification and authentication already largely used in many Member States at least for public services and to make it easier for businesses and citizens to access their online services across borders.
In order to facilitate the use of such electronic_identification means across borders by the private sector, the authentication possibility provided by any Member State should be available to private sector relying parties established outside of the territory of that Member State under the same conditions as applied to private sector relying parties established within that Member State.
Consequently, with regard to private sector relying parties, the notifying Member State may define terms of access to the authentication means.
Such terms of access may inform whether the authentication means related to the notified scheme is presently available to private sector relying parties.

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(21) This Regulation should also establish a general legal framework for the use of trust_services.
However, it should not create a general obligation to use them or to install an access point for all existing trust_services.
In particular, it should not cover the provision of services used exclusively within closed systems between a defined set of participants, which have no effect on third parties.
For example, systems set up in businesses or public administrations to manage internal procedures making use of trust_services should not be subject to the requirements of this Regulation.
Only trust_services provided to the public having effects on third parties should meet the requirements laid down in the Regulation.
Neither should this Regulation cover aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form laid down by national or Union law.
In addition, it should not affect national form requirements pertaining to public registers, in particular commercial and land registers.

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(22) In order to contribute to their general cross-border use, it should be possible to use trust_services as evidence in legal proceedings in all Member States.
It is for the national law to define the legal effect of trust_services, except if otherwise provided in this Regulation.

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(23) To the extent that this Regulation creates an obligation to recognise a trust_service, such a trust_service may only be rejected if the addressee of the obligation is unable to read or verify it due to technical reasons lying outside the immediate control of the addressee.
However, that obligation should not in itself require a public body to obtain the hardware and software necessary for the technical readability of all existing trust_services.

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(24) Member States may maintain or introduce national provisions, in conformity with Union law, relating to trust_services as far as those services are not fully harmonised by this Regulation.
However, trust_services that comply with this Regulation should circulate freely in the internal market.

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(25) Member States should remain free to define other types of trust_services in addition to those making part of the closed list of trust_services provided for in this Regulation, for the purpose of recognition at national level as qualified trust_services.

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(28) To enhance in particular the trust of small and medium-sized enterprises (SMEs) and consumers in the internal market and to promote the use of trust_services and products, the notions of qualified trust_services and qualified trust_service provider should be introduced with a view to indicating requirements and obligations that ensure high-level security of whatever qualified trust_services and products are used or provided.

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(29) In line with the obligations under the United Nations Convention on the Rights of Persons with Disabilities, approved by Council Decision 2010/48/EC (8), in particular Article 9 of the Convention, persons with disabilities should be able to use trust_services and end-user products used in the provision of those services on an equal basis with other consumers.
Therefore, where feasible, trust_services provided and end-user products used in the provision of those services should be made accessible for persons with disabilities.
The feasibility assessment should include, inter alia, technical and economic considerations.

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(31) Supervisory bodies should cooperate with data protection authorities, for example, by informing them about the results of audits of qualified trust_service providers, where personal data protection rules appear to have been breached.
The provision of information should in particular cover security incidents and personal data breaches.

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(32) It should be incumbent on all trust_service providers to apply good security practice appropriate to the risks related to their activities so as to boost users’ trust in the single market.

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(34) All Member States should follow common essential supervision requirements to ensure a comparable security level of qualified trust_services.
To ease the consistent application of those requirements across the Union, Member States should adopt comparable procedures and should exchange information on their supervision activities and best practices in the field.

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(35) All trust_service providers should be subject to the requirements of this Regulation, in particular those on security and liability to ensure due diligence, transparency and accountability of their operations and services.
However, taking into account the type of services provided by trust_service providers, it is appropriate to distinguish as far as those requirements are concerned between qualified and non-qualified trust_service providers.

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(36) Establishing a supervisory regime for all trust_service providers should ensure a level playing field for the security and accountability of their operations and services, thus contributing to the protection of users and to the functioning of the internal market.
Non-qualified trust_service providers should be subject to a light touch and reactive ex post supervisory activities justified by the nature of their services and operations.
The supervisory body should therefore have no general obligation to supervise non-qualified service providers.
The supervisory body should only take action when it is informed (for example, by the non-qualified trust_service provider itself, by another supervisory body, by a notification from a user or a business partner or on the basis of its own investigation) that a non-qualified trust_service provider does not comply with the requirements of this Regulation.

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(37) This Regulation should provide for the liability of all trust_service providers.
In particular, it establishes the liability regime under which all trust_service providers should be liable for damage caused to any natural or legal person due to failure to comply with the obligations under this Regulation.
In order to facilitate the assessment of financial risk that trust_service providers might have to bear or that they should cover by insurance policies, this Regulation allows trust_service providers to set limitations, under certain conditions, on the use of the services they provide and not to be liable for damages arising from the use of services exceeding such limitations.
Customers should be duly informed about the limitations in advance.
Those limitations should be recognisable by a third party, for example by including information about the limitations in the terms and conditions of the service provided or through other recognisable means.
For the purposes of giving effect to those principles, this Regulation should be applied in accordance with national rules on liability.
Therefore, this Regulation does not affect those national rules on, for example, definition of damages, intention, negligence, or relevant applicable procedural rules.

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(41) To ensure sustainability and durability of qualified trust_services and to boost users’ confidence in the continuity of qualified trust_services, supervisory bodies should verify the existence and the correct application of provisions on termination plans in cases where qualified trust_service providers cease their activities.

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(42) To facilitate the supervision of qualified trust_service providers, for example, when a provider is providing its services in the territory of another Member State and is not subject to supervision there, or when the computers of a provider are located in the territory of a Member State other than the one where it is established, a mutual assistance system between supervisory bodies in the Member States should be established.

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(43) In order to ensure the compliance of qualified trust_service providers and the services they provide with the requirements set out in this Regulation, a conformity assessment should be carried out by a conformity_assessment_body and the resulting conformity assessment reports should be submitted by the qualified trust_service providers to the supervisory body.
Whenever the supervisory body requires a qualified trust_service provider to submit an ad hoc conformity assessment report, the supervisory body should respect, in particular, the principles of good administration, including the obligation to give reasons for its decisions, as well as the principle of proportionality.
Therefore, the supervisory body should duly justify its decision to require an ad hoc conformity assessment.

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(44) This Regulation aims to ensure a coherent framework with a view to providing a high level of security and legal certainty of trust_services.
In this regard, when addressing the conformity assessment of products and services, the Commission should, where appropriate, seek synergies with existing relevant European and international schemes such as the Regulation (EC) No 765/2008 of the European Parliament and of the Council (9) which sets out the requirements for accreditation of conformity assessment bodies and market surveillance of products.

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(45) In order to allow an efficient initiation process, which should lead to the inclusion of qualified trust_service providers and the qualified trust_services they provide into trusted lists, preliminary interactions between prospective qualified trust_service providers and the competent supervisory body should be encouraged with a view to facilitating the due diligence leading to the provisioning of qualified trust_services.

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(46) Trusted lists are essential elements in the building of trust among market operators as they indicate the qualified status of the service provider at the time of supervision.

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(47) Confidence in and convenience of online services are essential for users to fully benefit and consciously rely on electronic services.
To this end, an EU trust mark should be created to identify the qualified trust_services provided by qualified trust_service providers.
Such an EU trust mark for qualified trust_services would clearly differentiate qualified trust_services from other trust_services thus contributing to transparency in the market.
The use of an EU trust mark by qualified trust_service providers should be voluntary and should not lead to any requirement other than those provided for in this Regulation.

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(52) The creation of remote electronic_signatures, where the electronic_signature creation environment is managed by a trust_service provider on behalf of the signatory, is set to increase in the light of its multiple economic benefits.
However, in order to ensure that such electronic_signatures receive the same legal recognition as electronic_signatures created in an entirely user-managed environment, remote electronic_signature service providers should apply specific management and administrative security procedures and use trustworthy systems and products, including secure electronic communication channels, in order to guarantee that the electronic_signature creation environment is reliable and is used under the sole control of the signatory.
Where a qualified electronic_signature has been created using a remote electronic_signature creation device, the requirements applicable to qualified trust_service providers set out in this Regulation should apply.

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(53) The suspension of qualified certificates is an established operational practice of trust_service providers in a number of Member States, which is different from revocation and entails the temporary loss of validity of a certificate.
Legal certainty calls for the suspension status of a certificate to always be clearly indicated.
To that end, trust_service providers should have the responsibility to clearly indicate the status of the certificate and, if suspended, the precise period of time during which the certificate has been suspended.
This Regulation should not impose the use of suspension on trust_service providers or Member States, but should provide for transparency rules when and where such a practice is available.

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(55) IT security certification based on international standards such as ISO 15408 and related evaluation methods and mutual recognition arrangements is an important tool for verifying the security of qualified electronic_signature creation devices and should be promoted.
However, innovative solutions and services such as mobile signing and cloud signing rely on technical and organisational solutions for qualified electronic_signature creation devices for which security standards may not yet be available or for which the first IT security certification is ongoing.
The level of security of such qualified electronic_signature creation devices could be evaluated by using alternative processes only where such security standards are not available or where the first IT security certification is ongoing.
Those processes should be comparable to the standards for IT security certification insofar as their security levels are equivalent.
Those processes could be facilitated by a peer review.

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(57) To ensure legal certainty as regards the validity of the signature, it is essential to specify the components of a qualified electronic_signature, which should be assessed by the relying_party carrying out the validation.
Moreover, specifying the requirements for qualified trust_service providers that can provide a qualified validation service to relying parties unwilling or unable to carry out the validation of qualified electronic_signatures themselves, should stimulate the private and public sector to invest in such services.
Both elements should make qualified electronic_signature validation easy and convenient for all parties at Union level.

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(60) Trust service providers issuing qualified certificates for electronic_seals should implement the necessary measures in order to be able to establish the identity of the natural person representing the legal person to whom the qualified certificate for the electronic_seal is provided, when such identification is necessary at national level in the context of judicial or administrative proceedings.

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(62) In order to ensure the security of qualified electronic_time_stamps, this Regulation should require the use of an advanced electronic_seal or an advanced electronic_signature or of other equivalent methods.
It is foreseeable that innovation may lead to new technologies that may ensure an equivalent level of security for time stamps.
Whenever a method other than an advanced electronic_seal or an advanced electronic_signature is used, it should be up to the qualified trust_service provider to demonstrate, in the conformity assessment report, that such a method ensures an equivalent level of security and complies with the obligations set out in this Regulation.

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(66) It is essential to provide for a legal framework to facilitate cross-border recognition between existing national legal systems related to electronic_registered_delivery_services.
That framework could also open new market opportunities for Union trust_service providers to offer new pan-European electronic_registered_delivery_services.

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(67) Website authentication services provide a means by which a visitor to a website can be assured that there is a genuine and legitimate entity standing behind the website.
Those services contribute to the building of trust and confidence in conducting business online, as users will have confidence in a website that has been authenticated.
The provision and the use of website authentication services are entirely voluntary.
However, in order for website authentication to become a means to boosting trust, providing a better experience for the user and furthering growth in the internal market, this Regulation should lay down minimal security and liability obligations for the providers and their services.
To that end, the results of existing industry-led initiatives, for example the Certification Authorities/Browsers Forum — CA/B Forum, have been taken into account.
In addition, this Regulation should not impede the use of other means or methods to authenticate a website not falling under this Regulation nor should it prevent third country providers of website authentication services from providing their services to customers in the Union.
However, a third country provider should only have its website authentication services recognised as qualified in accordance with this Regulation, if an international agreement between the Union and the country of establishment of the provider has been concluded.

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(69) The Union institutions, bodies, offices and agencies are encouraged to recognise electronic_identification and trust_services covered by this Regulation for the purpose of administrative cooperation capitalising, in particular, on existing good practices and the results of ongoing projects in the areas covered by this Regulation.

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(72) When adopting delegated or implementing acts, the Commission should take due account of the standards and technical specifications drawn up by European and international standardisation organisations and bodies, in particular the European Committee for Standardisation (CEN), the European Telecommunications Standards Institute (ETSI), the International Organisation for Standardisation (ISO) and the International Telecommunication Union (ITU), with a view to ensuring a high level of security and interoperability of electronic_identification and trust_services.

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(74) To ensure legal certainty for market operators already using qualified certificates issued to natural persons in compliance with Directive 1999/93/EC, it is necessary to provide for a sufficient period of time for transitional purposes.
Similarly, transitional measures should be established for secure signature creation devices, the conformity of which has been determined in accordance with Directive 1999/93/EC, as well as for certification service providers issuing qualified certificates before 1 July 2016.
Finally, it is also necessary to provide the Commission with the means to adopt the implementing acts and delegated acts before that date.

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keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN