Regulation (EU) No 910/2014 (eIDAS) — electronic identification and trust services

Current as of 23 July 201452 provisions

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["SECTION 3", "Qualified trust services", "Article 22"]
Trusted lists
Trusted lists 1. Each Member State shall establish, maintain and publish trusted lists, including information related to the qualified trust service providers…
["SECTION 1", "General provisions", "Article 13"]
Liability and burden of proof
Liability and burden of proof 1. Without prejudice to paragraph 2, trust service providers shall be liable for damage caused intentionally or negligently to…
["SECTION 5", "Electronic seals", "Article 35"]
Legal effects of electronic seals
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…
["SECTION 6", "Electronic time stamps", "Article 42"]
Requirements for qualified electronic time stamps
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…
["SECTION 4", "Electronic signatures", "Article 30"]
Certification of qualified electronic signature creation devices
Certification of qualified electronic signature creation devices 1. Conformity of qualified electronic signature creation devices with the requirements laid…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 10"]
Security breach
Security breach 1. Where either the electronic identification scheme notified pursuant to Article 9(1) or the authentication referred to in point (f) of…
["SECTION 2", "Supervision", "Article 19"]
Security requirements applicable to trust service providers
Security requirements applicable to trust service providers 1. Qualified and non-qualified trust service providers shall take appropriate technical and…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 9"]
Notification
Notification 1. The notifying Member State shall notify to the Commission the following information and, without undue delay, any subsequent changes thereto…
["SECTION 7", "Electronic registered delivery services", "Article 44"]
Requirements for qualified electronic registered delivery services
Requirements for qualified electronic registered delivery services 1. Qualified electronic registered delivery services shall meet the following requirements…
["SECTION 5", "Electronic seals", "Article 36"]
Requirements for advanced electronic seals
Requirements for advanced electronic seals An advanced electronic seal shall meet the following requirements: (a) it is uniquely linked to the creator of the…
["SECTION 1", "General provisions", "Article 16"]
Penalties
Penalties Member States shall lay down the rules on penalties applicable to infringements of this Regulation. The penalties provided for shall be effective…
["SECTION 3", "Qualified trust services", "Article 24"]
Requirements for qualified trust service providers
Requirements for qualified trust service providers 1. When issuing a qualified certificate for a trust service, a qualified trust service provider shall…
["SECTION 4", "Electronic signatures", "Article 27"]
Electronic signatures in public services
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…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 12"]
Cooperation and interoperability
Cooperation and interoperability 1. The national electronic identification schemes notified pursuant to Article 9 (1) shall be interoperable. 2. For the…
["SECTION 4", "Electronic signatures", "Article 31"]
Publication of a list of certified qualified electronic signature creation devices
Publication of a list of certified qualified electronic signature creation devices 1. Member States shall notify to the Commission without undue delay and no…
["SECTION 4", "Electronic signatures", "Article 26"]
Requirements for advanced electronic signatures
Requirements for advanced electronic signatures An advanced electronic signature shall meet the following requirements: (a) it is uniquely linked to the…
["CHAPTER V", "DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS", "Article 48"]
Committee procedure
Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 8"]
Assurance levels of electronic identification schemes
Assurance levels of electronic identification schemes 1. An electronic identification scheme notified pursuant to Article 9 (1) shall specify assurance levels…
["CHAPTER VI", "FINAL PROVISIONS", "Article 49"]
Review
Review The Commission shall review the application of this Regulation and shall report to the European Parliament and to the Council no later than 1 July 2020…
["CHAPTER IV", "ELECTRONIC DOCUMENTS", "Article 46"]
Legal effects of electronic documents
Legal effects of electronic documents An electronic document shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the…
["CHAPTER V", "DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS", "Article 47"]
Exercise of the delegation
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…
["SECTION 2", "Supervision", "Article 17"]
Supervisory body
Supervisory body 1. Member States shall designate a supervisory body established in their territory or, upon mutual agreement with another Member State, a…
["SECTION 4", "Electronic signatures", "Article 34"]
Qualified preservation service for qualified electronic signatures
Qualified preservation service for qualified electronic signatures 1. A qualified preservation service for qualified electronic signatures may only be provided…
["CHAPTER I", "GENERAL PROVISIONS", "Article 5"]
Data processing and protection
Data processing and protection 1. Processing of personal data shall be carried out in accordance with Directive 95/46/EC. 2. Without prejudice to the legal…
["SECTION 1", "General provisions", "Article 14"]
International aspects
International aspects 1. Trust services provided by trust service providers established in a third country shall be recognised as legally equivalent to…
["CHAPTER VI", "FINAL PROVISIONS", "Article 50"]
Repeal
Repeal 1. Directive 1999/93/EC is repealed with effect from 1 July 2016. 2. References to the repealed Directive shall be construed as references to this…
["SECTION 8", "Website authentication", "Article 45"]
Requirements for qualified certificates for website authentication
Requirements for qualified certificates for website authentication 1. Qualified certificates for website authentication shall meet the requirements laid down…
["SECTION 5", "Electronic seals", "Article 40"]
Validation and preservation of qualified electronic seals
Validation and preservation of qualified electronic seals Articles 32, 33 and 34 shall apply mutatis mutandis to the validation and preservation of qualified…
["SECTION 4", "Electronic signatures", "Article 25"]
Legal effects of electronic signatures
Legal effects of electronic signatures 1. An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on…
["SECTION 4", "Electronic signatures", "Article 32"]
Requirements for the validation of qualified electronic signatures
Requirements for the validation of qualified electronic signatures 1. The process for the validation of a qualified electronic signature shall confirm the…
["CHAPTER I", "GENERAL PROVISIONS", "Article 1"]
Subject matter
Subject matter With a view to ensuring the proper functioning of the internal market while aiming at an adequate level of security of electronic identification…
["SECTION 4", "Electronic signatures", "Article 29"]
Requirements for qualified electronic signature creation devices
Requirements for qualified electronic signature creation devices 1. Qualified electronic signature creation devices shall meet the requirements laid down in…
["SECTION 5", "Electronic seals", "Article 38"]
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…
["SECTION 4", "Electronic signatures", "Article 28"]
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…
["CHAPTER I", "GENERAL PROVISIONS", "Article 3"]
Definitions
Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘electronic identification’ means the process of using person…
["SECTION 5", "Electronic seals", "Article 39"]
Qualified electronic seal creation devices
Qualified electronic seal creation devices 1. Article 29 shall apply mutatis mutandis to requirements for qualified electronic seal creation devices. 2…
["SECTION 7", "Electronic registered delivery services", "Article 43"]
Legal effect of an electronic registered delivery service
Legal effect of an electronic registered delivery service 1. Data sent and received using an electronic registered delivery service shall not be denied legal…
["CHAPTER VI", "FINAL PROVISIONS", "Article 52"]
Entry into force
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…
["CHAPTER VI", "FINAL PROVISIONS", "Article 51"]
Transitional measures
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…
["SECTION 6", "Electronic time stamps", "Article 41"]
Legal effect of electronic time stamps
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…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 7"]
Eligibility for notification of electronic identification schemes
Eligibility for notification of electronic identification schemes An electronic identification scheme shall be eligible for notification pursuant to Article 9…
["SECTION 1", "General provisions", "Article 15"]
Accessibility for persons with disabilities
Accessibility for persons with disabilities Where feasible, trust services provided and end-user products used in the provision of those services shall be made…
["SECTION 3", "Qualified trust services", "Article 20"]
Supervision of qualified trust service providers
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…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 6"]
Mutual recognition
Mutual recognition 1. When an electronic identification using an electronic identification means and authentication is required under national law or by…
["SECTION 3", "Qualified trust services", "Article 23"]
EU trust mark for qualified trust services
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…
["SECTION 5", "Electronic seals", "Article 37"]
Electronic seals in public services
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…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 11"]
Liability
Liability 1. The notifying Member State shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to…
["CHAPTER I", "GENERAL PROVISIONS", "Article 4"]
Internal market principle
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…
["SECTION 4", "Electronic signatures", "Article 33"]
Qualified validation service for qualified electronic signatures
Qualified validation service for qualified electronic signatures 1. A qualified validation service for qualified electronic signatures may only be provided by…
["SECTION 3", "Qualified trust services", "Article 21"]
Initiation of a qualified trust service
Initiation of a qualified trust service 1. Where trust service providers, without qualified status, intend to start providing qualified trust services, they…
["SECTION 2", "Supervision", "Article 18"]
Mutual assistance
may cover, in particular, information requests and supervisory measures, such as requests to carry out inspections related to the conformity assessment reports…
["CHAPTER I", "GENERAL PROVISIONS", "Article 2"]
Scope
Scope 1. This Regulation applies to electronic identification schemes that have been notified by a Member State, and to trust service providers that are…
["CHAPTER I", "GENERAL PROVISIONS", "Article 3"]
Definitions
Definitions (10) ‘electronic signature’ means data in electronic form which is attached to or logically associated with other data in electronic form and which…
["SECTION 4", "Electronic signatures", "Article 27"]
Electronic signatures in public services
Electronic signatures in public services (2). 5. By 18 September 2015, and taking into account existing practices, standards and Union legal acts, the…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 8"]
Assurance levels of electronic identification schemes
Assurance levels of electronic identification schemes 3. By 18 September 2015, taking into account relevant international standards and subject to paragraph 2…
["SECTION 3", "Qualified trust services", "Article 20"]
Supervision of qualified trust service providers
Supervision of qualified trust service providers (1). The supervisory body shall inform the qualified trust service provider of the withdrawal of its qualified…
["SECTION 5", "Electronic seals", "Article 37"]
Electronic seals in public services
Electronic seals in public services (2). 5. By 18 September 2015, and taking into account existing practices, standards and legal acts of the Union, the…
["SECTION 2", "Supervision", "Article 17"]
Supervisory body
Supervisory body (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…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 12"]
Cooperation and interoperability
Cooperation and interoperability (1) and the electronic identification schemes which Member States intend to notify; and (b) the security of the electronic…
["SECTION 2", "Supervision", "Article 19"]
Security requirements applicable to trust service providers
Security requirements applicable to trust service providers 3. The supervisory body shall provide ENISA once a year with a summary of notifications of breach…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 7"]
Eligibility for notification of electronic identification schemes
Eligibility for notification of electronic identification schemes (3); (f) the notifying Member State ensures the availability of authentication online, so…
["CHAPTER II", "ELECTRONIC IDENTIFICATION", "Article 9"]
Notification
Notification (8), the Commission shall publish in the Official Journal of the European Union a list of the electronic identification schemes which were…
["SECTION 3", "Qualified trust services", "Article 24"]
Requirements for qualified trust service providers
Requirements for qualified trust service providers 2. A qualified trust service provider providing qualified trust services shall: (a) inform the supervisory…
["SECTION 2", "Supervision", "Article 17"]
Supervisory body
Supervisory body (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…
["CHAPTER I", "GENERAL PROVISIONS", "Article 3"]
Definitions
Definitions (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…
["SECTION 3", "Qualified trust services", "Article 24"]
Requirements for qualified trust service providers
Requirements for qualified trust service providers evidence in legal proceedings and for the purpose of ensuring continuity of the service. Such recording may…
["CHAPTER I", "GENERAL PROVISIONS", "Article 3"]
Definitions
Definitions (31) ‘electronic seal creation device’ means configured software or hardware used to create an electronic seal; (32) ‘qualified electronic seal…

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