keyboard_tab EIDAS 2014/0910 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Article 14 International aspects
- 1 Article 24 Requirements for qualified trust service providers
- 1 Article 32 Requirements for the validation of qualified electronic signatures
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
ELECTRONIC IDENTIFICATION
CHAPTER III
TRUST SERVICES
SECTION 1
General provisions
SECTION 2
Supervision
SECTION 3
Qualified trust services
SECTION 4
Electronic signatures
SECTION 5
Electronic seals
SECTION 6
Electronic time stamps
SECTION 7
Electronic registered delivery services
SECTION 8
Website authentication
CHAPTER IV
ELECTRONIC DOCUMENTS
CHAPTER V
DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS
CHAPTER VI
FINAL PROVISIONS
- electronic identification
- electronic identification means
- person identification data
- electronic identification scheme
- authentication
- relying party
- public sector body
- body governed by public law
- signatory
- electronic signature
- advanced electronic signature
- qualified electronic signature
- electronic signature creation data
- certificate for electronic signature
- qualified certificate for electronic signature
- trust service
- qualified trust service
- conformity assessment body
- trust service provider
- qualified trust service provider
- product
- electronic signature creation device
- qualified electronic signature creation device
- creator of a seal
- electronic seal
- advanced electronic seal
- qualified electronic seal
- electronic seal creation data
- certificate for electronic seal
- qualified certificate for electronic seal
- electronic seal creation device
- qualified electronic seal creation device
- electronic time stamp
- qualified electronic time stamp
- electronic document
- electronic registered delivery service
- qualified electronic registered delivery service
- certificate for website authentication
- qualified certificate for website authentication
- validation data
- validation
- qualified 37
- trust_service 18
- shall 17
- certificate 14
- article 12
- data 11
- provided 9
- providers 9
- accordance 9
- requirements 8
- trust_services 8
- person 7
- electronic_signature 7
- which 7
- provider 7
- relying_party 6
- third 6
- time 6
- standards 5
- provide 5
- appropriate 5
- validation 5
- means 5
- issued 5
- country 5
- international 5
- information 4
- issuing 4
- trustworthy 4
- national 4
- legal 4
- referred 4
- ensure 4
- the 4
- signing 4
- established 4
- recognised 4
- acts 4
- equivalent 4
- union 4
- paragraph 4
- implementing 4
- systems 4
- certificates 4
- revocation 4
- validity 3
- authorised 3
- physical 3
- electronic_signatures 3
- regard 3
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 24
Requirements for qualified trust_service providers
1. When issuing a qualified certificate for a trust_service, a qualified trust_service provider shall verify, by appropriate means and in accordance with national law, the identity and, if applicable, any specific attributes of the natural or legal person to whom the qualified certificate is issued.
The information referred to in the first subparagraph shall be verified by the qualified trust_service provider either directly or by relying on a third party in accordance with national law:
(a) | by the physical presence of the natural person or of an authorised representative of the legal person; or |
(b) | remotely, using electronic_identification means, for which prior to the issuance of the qualified certificate, a physical presence of the natural person or of an authorised representative of the legal person was ensured and which meets the requirements set out in Article 8 with regard to the assurance levels ‘substantial’ or ‘high’; or |
(c) | by means of a certificate of a qualified electronic_signature or of a qualified electronic_seal issued in compliance with point (a) or (b); or |
(d) | by using other identification methods recognised at national level which provide equivalent assurance in terms of reliability to physical presence. The equivalent assurance shall be confirmed by a conformity_assessment_body. |
2. A qualified trust_service provider providing qualified trust_services shall:
(a) | inform the supervisory body of any change in the provision of its qualified trust_services and an intention to cease those activities; |
(b) | employ staff and, if applicable, subcontractors who possess the necessary expertise, reliability, experience, and qualifications and who have received appropriate training regarding security and personal data protection rules and shall apply administrative and management procedures which correspond to European or international standards; |
(c) | with regard to the risk of liability for damages in accordance with Article 13, maintain sufficient financial resources and/or obtain appropriate liability insurance, in accordance with national law; |
(d) | before entering into a contractual relationship, inform, in a clear and comprehensive manner, any person seeking to use a qualified trust_service of the precise terms and conditions regarding the use of that service, including any limitations on its use; |
(e) | use trustworthy systems and products that are protected against modification and ensure the technical security and reliability of the processes supported by them; |
(f) | use trustworthy systems to store data provided to it, in a verifiable form so that:
|
(g) | take appropriate measures against forgery and theft of data; |
(h) | record and keep accessible for an appropriate period of time, including after the activities of the qualified trust_service provider have ceased, all relevant information concerning data issued and received by the qualified trust_service provider, in particular, for the purpose of providing evidence in legal proceedings and for the purpose of ensuring continuity of the service. Such recording may be done electronically; |
(i) | have an up-to-date termination plan to ensure continuity of service in accordance with provisions verified by the supervisory body under point (i) of Article 17(4); |
(j) | ensure lawful processing of personal data in accordance with Directive 95/46/EC; |
(k) | in case of qualified trust_service providers issuing qualified certificates, establish and keep updated a certificate database. |
3. If a qualified trust_service provider issuing qualified certificates decides to revoke a certificate, it shall register such revocation in its certificate database and publish the revocation status of the certificate in a timely manner, and in any event within 24 hours after the receipt of the request. The revocation shall become effective immediately upon its publication.
4. With regard to paragraph 3, qualified trust_service providers issuing qualified certificates shall provide to any relying_party information on the validity or revocation status of qualified certificates issued by them. This information shall be made available at least on a per certificate basis at any time and beyond the validity period of the certificate in an automated manner that is reliable, free of charge and efficient.
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products, which comply with the requirements under points (e) and (f) of paragraph 2 of this Article. Compliance with the requirements laid down in this Article shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 4
Electronic signatures
Article 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).
whereas