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2014/0910 EN cercato: 'union' . Output generated live by software developed by IusOnDemand srl


just index union:

    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


whereas union:


definitions:


cloud tag: and the number of total unique words without stopwords is: 443

 

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 9

Notification

1.   The notifying Member State shall notify to the Commission the following information and, without undue delay, any subsequent changes thereto:

(a)

a description of the electronic_identification scheme, including its assurance levels and the issuer or issuers of electronic_identification means under the scheme;

(b)

the applicable supervisory regime and information on the liability regime with respect to the following:

(i)

the party issuing the electronic_identification means; and

(ii)

the party operating the authentication procedure;

(c)

the authority or authorities responsible for the electronic_identification scheme;

(d)

information on the entity or entities which manage the registration of the unique person_identification_data;

(e)

a description of how the requirements set out in the implementing acts referred to in Article 12(8) are met;

(f)

a description of the authentication referred to in point (f) of Article 7;

(g)

arrangements for suspension or revocation of either the notified electronic_identification scheme or authentication or the compromised parts concerned.

2.   One year from the date of application of the implementing acts referred to in Articles 8(3) and 12(8), the Commission shall publish in the Official Journal of the European union a list of the electronic_identification schemes which were notified pursuant to paragraph 1 of this Article and the basic information thereon.

3.   If the Commission receives a notification after the expiry of the period referred to in paragraph 2, it shall publish in the Official Journal of the European union the amendments to the list referred to in paragraph 2 within two months from the date of receipt of that notification.

4.   A Member State may submit to the Commission a request to remove an electronic_identification scheme notified by that Member State from the list referred to in paragraph 2. The Commission shall publish in the Official Journal of the European union the corresponding amendments to the list within one month from the date of receipt of the Member State’s request.

5.   The Commission may, by means of implementing acts, define the circumstances, formats and procedures of notifications under paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 10

Security breach

1.   Where either the electronic_identification scheme notified pursuant to Article 9(1) or the authentication referred to in point (f) of Article 7 is breached or partly compromised in a manner that affects the reliability of the cross-border authentication of that scheme, the notifying Member State shall, without delay, suspend or revoke that cross-border authentication or the compromised parts concerned, and shall inform other Member States and the Commission.

2.   When the breach or compromise referred to in paragraph 1 is remedied, the notifying Member State shall re-establish the cross-border authentication and shall inform other Member States and the Commission without undue delay.

3.   If the breach or compromise referred to in paragraph 1 is not remedied within three months of the suspension or revocation, the notifying Member State shall notify other Member States and the Commission of the withdrawal of the electronic_identification scheme.

The Commission shall publish in the Official Journal of the European union the corresponding amendments to the list referred to in Article 9(2) without undue delay.

Article 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 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 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 47

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 30(4) shall be conferred on the Commission for an indeterminate period of time from 17 September 2014.

3.   The delegation of power referred to in Article 30(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 30(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

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

1.

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.

2.

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.

3.

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

4.

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









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