EIDAS 2014/0910 EN

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 8

Assurance levels of electronic_identification schemes

1. An electronic_identification scheme notified pursuant to Article 9(1) shall specify assurance levels low, substantial and/or high for electronic_identification means issued under that scheme.

2. The assurance levels low, substantial and high shall meet respectively the following criteria:

(a)

assurance level low shall refer to an electronic_identification means in the context of an electronic_identification scheme, which provides a limited degree of confidence in the claimed or asserted identity of a person, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of misuse or alteration of the identity;

(b)

assurance level substantial shall refer to an electronic_identification means in the context of an electronic_identification scheme, which provides a substantial degree of confidence in the claimed or asserted identity of a person, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease substantially the risk of misuse or alteration of the identity;

(c)

assurance level high shall refer to an electronic_identification means in the context of an electronic_identification scheme, which provides a higher degree of confidence in the claimed or asserted identity of a person than electronic_identification means with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to prevent misuse or alteration of the identity.

3. By 18 September 2015, taking into account relevant international standards and subject to paragraph 2, the Commission shall, by means of implementing acts, set out minimum technical specifications, standards and procedures with reference to which assurance levels low, substantial and high are specified for electronic_identification means for the purposes of paragraph 1.

Those minimum technical specifications, standards and procedures shall be set out by reference to the reliability and quality of the following elements:

(a)	the procedure to prove and verify the identity of natural or legal persons applying for the issuance of electronic_identification means;

(b)	the procedure for the issuance of the requested electronic_identification means;

(c)	the authentication mechanism, through which the natural or legal person uses the electronic_identification means to confirm its identity to a relying_party;

(d)	the entity issuing the electronic_identification means;

(e)	any other body involved in the application for the issuance of the electronic_identification means; and

(f)	the technical and security specifications of the issued electronic_identification means.

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

Article 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 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 24

Requirements for qualified trust_service providers

1. When issuing a qualified certificate for a trust_service, a qualified trust_service provider shall verify, by appropriate means and in accordance with national law, the identity and, if applicable, any specific attributes of the natural or legal person to whom the qualified certificate is issued.

The information referred to in the first subparagraph shall be verified by the qualified trust_service provider either directly or by relying on a third party in accordance with national law:

(a)	by the physical presence of the natural person or of an authorised representative of the legal person; or

(b)

remotely, using electronic_identification means, for which prior to the issuance of the qualified certificate, a physical presence of the natural person or of an authorised representative of the legal person was ensured and which meets the requirements set out in Article 8 with regard to the assurance levels ‘substantial’ or ‘high’; or

(c)	by means of a certificate of a qualified electronic_signature or of a qualified electronic_seal issued in compliance with point (a) or (b); or

(d)	by using other identification methods recognised at national level which provide equivalent assurance in terms of reliability to physical presence. The equivalent assurance shall be confirmed by a conformity_assessment_body.

2. A qualified trust_service provider providing qualified trust_services shall:

(a)	inform the supervisory body of any change in the provision of its qualified trust_services and an intention to cease those activities;

(b)

employ staff and, if applicable, subcontractors who possess the necessary expertise, reliability, experience, and qualifications and who have received appropriate training regarding security and personal data protection rules and shall apply administrative and management procedures which correspond to European or international standards;

(c)	with regard to the risk of liability for damages in accordance with Article 13, maintain sufficient financial resources and/or obtain appropriate liability insurance, in accordance with national law;

(d)	before entering into a contractual relationship, inform, in a clear and comprehensive manner, any person seeking to use a qualified trust_service of the precise terms and conditions regarding the use of that service, including any limitations on its use;

(e)	use trustworthy systems and products that are protected against modification and ensure the technical security and reliability of the processes supported by them;

(f)

use trustworthy systems to store data provided to it, in a verifiable form so that:

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

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

(iii)

the data can be checked for authenticity;

(g)	take appropriate measures against forgery and theft of data;

(h)

record and keep accessible for an appropriate period of time, including after the activities of the qualified trust_service provider have ceased, all relevant information concerning data issued and received by the qualified trust_service provider, in particular, for the purpose of providing evidence in legal proceedings and for the purpose of ensuring continuity of the service. Such recording may be done electronically;

(i)	have an up-to-date termination plan to ensure continuity of service in accordance with provisions verified by the supervisory body under point (i) of Article 17(4);

(j)	ensure lawful processing of personal data in accordance with Directive 95/46/EC;

(k)	in case of qualified trust_service providers issuing qualified certificates, establish and keep updated a certificate database.

3. If a qualified trust_service provider issuing qualified certificates decides to revoke a certificate, it shall register such revocation in its certificate database and publish the revocation status of the certificate in a timely manner, and in any event within 24 hours after the receipt of the request. The revocation shall become effective immediately upon its publication.

4. With regard to paragraph 3, qualified trust_service providers issuing qualified certificates shall provide to any relying_party information on the validity or revocation status of qualified certificates issued by them. This information shall be made available at least on a per certificate basis at any time and beyond the validity period of the certificate in an automated manner that is reliable, free of charge and efficient.

5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products, which comply with the requirements under points (e) and (f) of paragraph 2 of this Article. Compliance with the requirements laid down in this Article shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

SECTION 4

Electronic signatures

Article 27

Electronic signatures in public services

1. If a Member State requires an advanced electronic_signature to use an online service offered by, or on behalf of, a public_sector_body, that Member State shall recognise advanced electronic_signatures, advanced electronic_signatures based on a qualified certificate for electronic_signatures, and qualified electronic_signatures in at least the formats or using methods defined in the implementing acts referred to in paragraph 5.

2. If a Member State requires an advanced electronic_signature based on a qualified certificate to use an online service offered by, or on behalf of, a public_sector_body, that Member State shall recognise advanced electronic_signatures based on a qualified certificate and qualified electronic_signatures in at least the formats or using methods defined in the implementing acts referred to in paragraph 5.

3. Member States shall not request for cross-border use in an online service offered by a public_sector_body an electronic_signature at a higher security level than the qualified electronic_signature.

4. The Commission may, by means of implementing acts, establish reference numbers of standards for advanced electronic_signatures. Compliance with the requirements for advanced electronic_signatures referred to in paragraphs 1 and 2 of this Article and in Article 26 shall be presumed when an advanced electronic_signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

5. By 18 September 2015, and taking into account existing practices, standards and Union legal acts, the Commission shall, by means of implementing acts, define reference formats of advanced electronic_signatures or reference methods where alternative formats are used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 28

Qualified certificates for electronic_signatures

1. Qualified certificates for electronic_signatures shall meet the requirements laid down in Annex I.

2. Qualified certificates for electronic_signatures shall not be subject to any mandatory requirement exceeding the requirements laid down in Annex I.

3. Qualified certificates for electronic_signatures may include non-mandatory additional specific attributes. Those attributes shall not affect the interoperability and recognition of qualified electronic_signatures.

4. If a qualified certificate for electronic_signatures has been revoked after initial activation, it shall lose its validity from the moment of its revocation, and its status shall not in any circumstances be reverted.

5. Subject to the following conditions, Member States may lay down national rules on temporary suspension of a qualified certificate for electronic_signature:

(a)	if a qualified certificate for electronic_signature has been temporarily suspended that certificate shall lose its validity for the period of suspension;

(b)	the period of suspension shall be clearly indicated in the certificate database and the suspension status shall be visible, during the period of suspension, from the service providing information on the status of the certificate.

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

Article 29

Requirements for qualified electronic_signature creation devices

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

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

Article 30

Certification of qualified electronic_signature creation devices

1. Conformity of qualified electronic_signature creation devices with the requirements laid down in Annex II shall be certified by appropriate public or private bodies designated by Member States.

2. Member States shall notify to the Commission the names and addresses of the public or private body referred to in paragraph 1. The Commission shall make that information available to Member States.

3. The certification referred to in paragraph 1 shall be based on one of the following:

(a)	a security evaluation process carried out in accordance with one of the standards for the security assessment of information technology products included in the list established in accordance with the second subparagraph; or

(b)

a process other than the process referred to in point (a), provided that it uses comparable security levels and provided that the public or private body referred to in paragraph 1 notifies that process to the Commission. That process may be used only in the absence of standards referred to in point (a) or when a security evaluation process referred to in point (a) is ongoing.

The Commission shall, by means of implementing acts, establish a list of standards for the security assessment of information technology products referred to in point (a). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 47 concerning the establishment of specific criteria to be met by the designated bodies referred to in paragraph 1 of this Article.

Article 32

Requirements for the validation of qualified electronic_signatures

1. The process for the validation of a qualified electronic_signature shall confirm the validity of a qualified electronic_signature provided that:

(a)	the certificate that supports the signature was, at the time of signing, a qualified certificate for electronic_signature complying with Annex I;

(b)	the qualified certificate was issued by a qualified trust_service provider and was valid at the time of signing;

(c)	the signature validation_data corresponds to the data provided to the relying_party;

(d)	the unique set of data representing the signatory in the certificate is correctly provided to the relying_party;

(e)	the use of any pseudonym is clearly indicated to the relying_party if a pseudonym was used at the time of signing;

(f)	the electronic_signature was created by a qualified electronic_signature creation device;

(g)	the integrity of the signed data has not been compromised;

(h)	the requirements provided for in Article 26 were met at the time of signing.

2. The system used for validating the qualified electronic_signature shall provide to the relying_party the correct result of the validation process and shall allow the relying_party to detect any security relevant issues.

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

Article 33

Qualified validation service for qualified electronic_signatures

1. A qualified validation service for qualified electronic_signatures may only be provided by a qualified trust_service provider who:

(a)	provides validation in compliance with Article 32(1); and

(b)	allows relying parties to receive the result of the validation process in an automated manner, which is reliable, efficient and bears the advanced electronic_signature or advanced electronic_seal of the provider of the qualified validation service.

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

Article 34

Qualified preservation service for qualified electronic_signatures

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

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

SECTION 5

Electronic seals

Article 37

Electronic seals in public services

1. If a Member State requires an advanced electronic_seal in order to use an online service offered by, or on behalf of, a public_sector_body, that Member State shall recognise advanced electronic_seals, advanced electronic_seals based on a qualified certificate for electronic_seals and qualified electronic_seals at least in the formats or using methods defined in the implementing acts referred to in paragraph 5.

2. If a Member State requires an advanced electronic_seal based on a qualified certificate in order to use an online service offered by, or on behalf of, a public_sector_body, that Member State shall recognise advanced electronic_seals based on a qualified certificate and qualified electronic_seal at least in the formats or using methods defined in the implementing acts referred to in paragraph 5.

3. Member States shall not request for the cross-border use in an online service offered by a public_sector_body an electronic_seal at a higher security level than the qualified electronic_seal.

4. The Commission may, by means of implementing acts, establish reference numbers of standards for advanced electronic_seals. Compliance with the requirements for advanced electronic_seals referred to in paragraphs 1 and 2 of this Article and Article 36 shall be presumed when an advanced electronic_seal meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

5. By 18 September 2015, and taking into account existing practices, standards and legal acts of the Union, the Commission shall, by means of implementing acts, define reference formats of advanced electronic_seals or reference methods where alternative formats are used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 38

Qualified certificates for electronic_seals

1. Qualified certificates for electronic_seals shall meet the requirements laid down in Annex III.

2. Qualified certificates for electronic_seals shall not be subject to any mandatory requirements exceeding the requirements laid down in Annex III.

3. Qualified certificates for electronic_seals may include non-mandatory additional specific attributes. Those attributes shall not affect the interoperability and recognition of qualified electronic_seals.

4. If a qualified certificate for an electronic_seal has been revoked after initial activation, it shall lose its validity from the moment of its revocation, and its status shall not in any circumstances be reverted.

5. Subject to the following conditions, Member States may lay down national rules on temporary suspension of qualified certificates for electronic_seals:

(a)	if a qualified certificate for electronic_seal has been temporarily suspended, that certificate shall lose its validity for the period of suspension;

(b)	the period of suspension shall be clearly indicated in the certificate database and the suspension status shall be visible, during the period of suspension, from the service providing information on the status of the certificate.

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

Article 42

Requirements for qualified electronic_time_stamps

1. A qualified electronic_time_stamp shall meet the following requirements:

(a)	it binds the date and time to data in such a manner as to reasonably preclude the possibility of the data being changed undetectably;

(b)	it is based on an accurate time source linked to Coordinated Universal Time; and

(c)	it is signed using an advanced electronic_signature or sealed with an advanced electronic_seal of the qualified trust_service provider, or by some equivalent method.

2. The Commission may, by means of implementing acts, establish reference numbers of standards for the binding of date and time to data and for accurate time sources. Compliance with the requirements laid down in paragraph 1 shall be presumed where the binding of date and time to data and the accurate time source meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

SECTION 7

Electronic registered delivery services

Article 44

Requirements for qualified electronic_registered_delivery_services

1. Qualified electronic_registered_delivery_services shall meet the following requirements:

(a)	they are provided by one or more qualified trust_service provider(s);

(b)	they ensure with a high level of confidence the identification of the sender;

(c)	they ensure the identification of the addressee before the delivery of the data;

(d)	the sending and receiving of data is secured by an advanced electronic_signature or an advanced electronic_seal of a qualified trust_service provider in such a manner as to preclude the possibility of the data being changed undetectably;

(e)	any change of the data needed for the purpose of sending or receiving the data is clearly indicated to the sender and addressee of the data;

(f)	the date and time of sending, receiving and any change of data are indicated by a qualified electronic_time_stamp.

In the event of the data being transferred between two or more qualified trust_service providers, the requirements in points (a) to (f) shall apply to all the qualified trust_service providers.

2. The Commission may, by means of implementing acts, establish reference numbers of standards for processes for sending and receiving data. Compliance with the requirements laid down in paragraph 1 shall be presumed where the process for sending and receiving data meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

SECTION 8

Website authentication

Article 45

Requirements for qualified certificates for website authentication

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

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

CHAPTER IV

ELECTRONIC DOCUMENTS

whereas

(16) Assurance levels should characterise the degree of confidence in electronic_identification means in establishing the identity of a person, thus providing assurance that the person claiming a particular identity is in fact the person to which that identity was assigned.
The assurance level depends on the degree of confidence that electronic_identification means provides in claimed or asserted identity of a person taking into account processes (for example, identity proofing and verification, and authentication), management activities (for example, the entity issuing electronic_identification means and the procedure to issue such means) and technical controls implemented.
Various technical definitions and descriptions of assurance levels exist as the result of Union-funded Large-Scale Pilots, standardisation and international activities.
In particular, the Large-Scale Pilot STORK and ISO 29115 refer, inter alia, to levels 2, 3 and 4, which should be taken into utmost account in establishing minimum technical requirements, standards and procedures for the assurances levels low, substantial and high within the meaning of this Regulation, while ensuring consistent application of this Regulation in particular with regard to assurance level high related to identity proofing for issuing qualified certificates.
The requirements established should be technology-neutral.
It should be possible to achieve the necessary security requirements through different technologies.

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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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(56) This Regulation should lay down requirements for qualified electronic_signature creation devices to ensure the functionality of advanced electronic_signatures.
This Regulation should not cover the entire system environment in which such devices operate.
Therefore, the scope of the certification of qualified signature creation devices should be limited to the hardware and system software used to manage and protect the signature creation data created, stored or processed in the signature creation device.
As detailed in relevant standards, the scope of the certification obligation should exclude signature creation applications.

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(64) When addressing formats of advanced electronic_signatures and seals, the Commission should build on existing practices, standards and legislation, in particular Commission Decision 2011/130/EU (11).

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(71) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, in particular for specifying reference numbers of standards the use of which would raise a presumption of compliance with certain requirements laid down in this Regulation.
Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).

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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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keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN