EIDAS 2014/0910 EN

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 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 25

Legal effects of electronic_signatures

1. an electronic_signature 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 for qualified electronic_signatures.

2. A qualified electronic_signature shall have the equivalent legal effect of a handwritten signature.

3. A qualified electronic_signature based on a qualified certificate issued in one Member State shall be recognised as a qualified electronic_signature in all other Member States.

Article 35

Legal effects of electronic_seals

1. an electronic_seal 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 for qualified electronic_seals.

2. A qualified electronic_seal shall enjoy the presumption of integrity of the data and of correctness of the origin of that data to which the qualified electronic_seal is linked.

3. A qualified electronic_seal based on a qualified certificate issued in one Member State shall be recognised as a qualified electronic_seal in all other Member States.

Article 41

Legal effect of electronic_time_stamps

1. an electronic_time_stamp 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_time_stamp.

2. A qualified electronic_time_stamp shall enjoy the presumption of the accuracy of the date and the time it indicates and the integrity of the data to which the date and time are bound.

3. A qualified electronic_time_stamp issued in one Member State shall be recognised as a qualified electronic_time_stamp in all Member States.

whereas

keyboard_tab EIDAS 2014/0910 EN

EIDAS 2014/0910 EN