Regulation (EU) No 910/2014 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 910/2014 of the European Parliament and of the Council

of 23 July 2014

on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) Building trust in the online environment is key to economic and social development. Lack of trust, in particular because of a perceived lack of legal certainty, makes consumers, businesses and public authorities hesitate to carry out transactions electronically and to adopt new services.

(2) This Regulation seeks to enhance trust in electronic transactions in the internal market by providing a common foundation for secure electronic interaction between citizens, businesses and public authorities, thereby increasing the effectiveness of public and private online services, electronic business and electronic commerce in the Union.

(3) Directive 1999/93/EC of the European Parliament and of the Council(3), dealt with electronic signatures without delivering a comprehensive cross-border and cross-sector framework for secure, trustworthy and easy-to-use electronic transactions. This Regulation enhances and expands the acquis of that Directive.

(4) The Commission communication of 26 August 2010 entitled ‘A Digital Agenda for Europe’ identified the fragmentation of the digital market, the lack of interoperability and the rise in cybercrime as major obstacles to the virtuous cycle of the digital economy. In its EU Citizenship Report 2010, entitled ‘Dismantling the obstacles to EU citizens’ rights’, the Commission further highlighted the need to solve the main problems that prevent Union citizens from enjoying the benefits of a digital single market and cross-border digital services.

(5) In its conclusions of 4 February 2011 and of 23 October 2011, the European Council invited the Commission to create a digital single market by 2015, to make rapid progress in key areas of the digital economy and to promote a fully integrated digital single market by facilitating the cross-border use of online services, with particular attention to facilitating secure electronic identification and authentication.

(6) In its conclusions of 27 May 2011, the Council invited the Commission to contribute to the digital single market by creating appropriate conditions for the mutual recognition of key enablers across borders, such as electronic identification, electronic documents, electronic signatures and electronic delivery services, and for interoperable e-government services across the European Union.

(7) The European Parliament, in its resolution of 21 September 2010 on completing the internal market for e-commerce(4), stressed the importance of the security of electronic services, especially of electronic signatures, and of the need to create a public key infrastructure at pan-European level, and called on the Commission to set up a European validation authorities gateway to ensure the cross-border interoperability of electronic signatures and to increase the security of transactions carried out using the internet.

(8) Directive 2006/123/EC of the European Parliament and of the Council(5) requires Member States to establish ‘points of single contact’ (PSCs) to ensure that all procedures and formalities relating to access to a service activity and to the exercise thereof can be easily completed, at a distance and by electronic means, through the appropriate PSC with the appropriate authorities. Many online services accessible through PSCs require electronic identification, authentication and signature.

(9) In most cases, citizens cannot use their electronic identification to authenticate themselves in another Member State because the national electronic identification schemes in their country are not recognised in other Member States. That electronic barrier excludes service providers from enjoying the full benefits of the internal market. Mutually recognised electronic identification means will facilitate cross-border provision of numerous services in the internal market and enable businesses to operate on a cross-border basis without facing many obstacles in interactions with public authorities.

(10) Directive 2011/24/EU of the European Parliament and of the Council(6) set up a network of national authorities responsible for e-health. To enhance the safety and the continuity of cross-border healthcare, the network is required to produce guidelines on cross-border access to electronic health data and services, including by supporting ‘common identification and authentication measures to facilitate transferability of data in cross-border healthcare’. Mutual recognition of electronic identification and authentication is key to making cross-border healthcare for European citizens a reality. When people travel for treatment, their medical data need to be accessible in the country of treatment. That requires a solid, safe and trusted electronic identification framework.

(11) This Regulation should be applied in full compliance with the principles relating to the protection of personal data provided for in Directive 95/46/EC of the European Parliament and of the Council(7). In this respect, having regard to the principle of mutual recognition established by this Regulation, authentication for an online service should concern processing of only those identification data that are adequate, relevant and not excessive to grant access to that service online. Furthermore, requirements under Directive 95/46/EC concerning confidentiality and security of processing should be respected by trust service providers and supervisory bodies.

(12) One of the objectives of this Regulation is to remove existing barriers to the cross-border use of electronic identification means used in the Member States to authenticate, for at least public services. This Regulation does not aim to intervene with regard to electronic identity management systems and related infrastructures established in Member States. The aim of this Regulation is to ensure that for access to cross-border online services offered by Member States, secure electronic identification and authentication is possible.

(13) Member States should remain free to use or to introduce means for the purposes of electronic identification for accessing online services. They should also be able to decide whether to involve the private sector in the provision of those means. Member States should not be obliged to notify their electronic identification schemes to the Commission. The choice to notify the Commission of all, some or none of the electronic identification schemes used at national level to access at least public online services or specific services is up to Member States.

(14) Some conditions need to be set out in this Regulation with regard to which electronic identification means have to be recognised and how the electronic identification schemes should be notified. Those conditions should help Member States to build the necessary trust in each other’s electronic identification schemes and to mutually recognise electronic identification means falling under their notified schemes. The principle of mutual recognition should apply if the notifying Member State’s electronic identification scheme meets the conditions of notification and the notification was published in the Official Journal of the European Union. However, the principle of mutual recognition should only relate to authentication for an online service. The access to those online services and their final delivery to the applicant should be closely linked to the right to receive such services under the conditions set out in national legislation.

(15) The obligation to recognise electronic identification means should relate only to those means the identity assurance level of which corresponds to the level equal to or higher than the level required for the online service in question. In addition, that obligation should only apply when the public sector body in question uses the assurance level ‘substantial’ or ‘high’ in relation to accessing that service online. Member States should remain free, in accordance with Union law, to recognise electronic identification means having lower identity assurance levels.

(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.

(17) Member States should encourage the private sector to voluntarily use electronic identification means under a notified scheme for identification purposes when needed for online services or electronic transactions. The possibility to use such electronic identification means would enable the private sector to rely on electronic identification and authentication already largely used in many Member States at least for public services and to make it easier for businesses and citizens to access their online services across borders. In order to facilitate the use of such electronic identification means across borders by the private sector, the authentication possibility provided by any Member State should be available to private sector relying parties established outside of the territory of that Member State under the same conditions as applied to private sector relying parties established within that Member State. Consequently, with regard to private sector relying parties, the notifying Member State may define terms of access to the authentication means. Such terms of access may inform whether the authentication means related to the notified scheme is presently available to private sector relying parties.

(18) This Regulation should provide for the liability of the notifying Member State, the party issuing the electronic identification means and the party operating the authentication procedure for failure to comply with the relevant obligations under this Regulation. However, this Regulation should be applied in accordance with national rules on liability. Therefore, it does not affect those national rules on, for example, definition of damages or relevant applicable procedural rules, including the burden of proof.

(19) The security of electronic identification schemes is key to trustworthy cross-border mutual recognition of electronic identification means. In this context, Member States should cooperate with regard to the security and interoperability of the electronic identification schemes at Union level. Whenever electronic identification schemes require specific hardware or software to be used by relying parties at the national level, cross-border interoperability calls for those Member States not to impose such requirements and related costs on relying parties established outside of their territory. In that case appropriate solutions should be discussed and developed within the scope of the interoperability framework. Nevertheless technical requirements stemming from the inherent specifications of national electronic identification means and likely to affect the holders of such electronic means (e.g. smartcards), are unavoidable.

(20) Cooperation by Member States should facilitate the technical interoperability of the notified electronic identification schemes with a view to fostering a high level of trust and security appropriate to the degree of risk. The exchange of information and the sharing of best practices between Member States with a view to their mutual recognition should help such cooperation.

(21) This Regulation should also establish a general legal framework for the use of trust services. However, it should not create a general obligation to use them or to install an access point for all existing trust services. In particular, it should not cover the provision of services used exclusively within closed systems between a defined set of participants, which have no effect on third parties. For example, systems set up in businesses or public administrations to manage internal procedures making use of trust services should not be subject to the requirements of this Regulation. Only trust services provided to the public having effects on third parties should meet the requirements laid down in the Regulation. Neither should this Regulation cover aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form laid down by national or Union law. In addition, it should not affect national form requirements pertaining to public registers, in particular commercial and land registers.

(22) In order to contribute to their general cross-border use, it should be possible to use trust services as evidence in legal proceedings in all Member States. It is for the national law to define the legal effect of trust services, except if otherwise provided in this Regulation.

(23) To the extent that this Regulation creates an obligation to recognise a trust service, such a trust service may only be rejected if the addressee of the obligation is unable to read or verify it due to technical reasons lying outside the immediate control of the addressee. However, that obligation should not in itself require a public body to obtain the hardware and software necessary for the technical readability of all existing trust services.

(24) Member States may maintain or introduce national provisions, in conformity with Union law, relating to trust services as far as those services are not fully harmonised by this Regulation. However, trust services that comply with this Regulation should circulate freely in the internal market.

(25) Member States should remain free to define other types of trust services in addition to those making part of the closed list of trust services provided for in this Regulation, for the purpose of recognition at national level as qualified trust services.

(26) Because of the pace of technological change, this Regulation should adopt an approach which is open to innovation.

(27) This Regulation should be technology-neutral. The legal effects it grants should be achievable by any technical means provided that the requirements of this Regulation are met.

(28) To enhance in particular the trust of small and medium-sized enterprises (SMEs) and consumers in the internal market and to promote the use of trust services and products, the notions of qualified trust services and qualified trust service provider should be introduced with a view to indicating requirements and obligations that ensure high-level security of whatever qualified trust services and products are used or provided.

(29) In line with the obligations under the United Nations Convention on the Rights of Persons with Disabilities, approved by Council Decision 2010/48/EC(8), in particular Article 9 of the Convention, persons with disabilities should be able to use trust services and end-user products used in the provision of those services on an equal basis with other consumers. Therefore, where feasible, trust services provided and end-user products used in the provision of those services should be made accessible for persons with disabilities. The feasibility assessment should include, inter alia, technical and economic considerations.

(30) Member States should designate a supervisory body or supervisory bodies to carry out the supervisory activities under this Regulation. Member States should also be able to decide, upon a mutual agreement with another Member State, to designate a supervisory body in the territory of that other Member State.

(31) Supervisory bodies should cooperate with data protection authorities, for example, by informing them about the results of audits of qualified trust service providers, where personal data protection rules appear to have been breached. The provision of information should in particular cover security incidents and personal data breaches.

(32) It should be incumbent on all trust service providers to apply good security practice appropriate to the risks related to their activities so as to boost users’ trust in the single market.

(33) Provisions on the use of pseudonyms in certificates should not prevent Member States from requiring identification of persons pursuant to Union or national law.

(34) All Member States should follow common essential supervision requirements to ensure a comparable security level of qualified trust services. To ease the consistent application of those requirements across the Union, Member States should adopt comparable procedures and should exchange information on their supervision activities and best practices in the field.

(35) All trust service providers should be subject to the requirements of this Regulation, in particular those on security and liability to ensure due diligence, transparency and accountability of their operations and services. However, taking into account the type of services provided by trust service providers, it is appropriate to distinguish as far as those requirements are concerned between qualified and non-qualified trust service providers.

(36) Establishing a supervisory regime for all trust service providers should ensure a level playing field for the security and accountability of their operations and services, thus contributing to the protection of users and to the functioning of the internal market. Non-qualified trust service providers should be subject to a light touch and reactive ex post supervisory activities justified by the nature of their services and operations. The supervisory body should therefore have no general obligation to supervise non-qualified service providers. The supervisory body should only take action when it is informed (for example, by the non-qualified trust service provider itself, by another supervisory body, by a notification from a user or a business partner or on the basis of its own investigation) that a non-qualified trust service provider does not comply with the requirements of this Regulation.

(37) This Regulation should provide for the liability of all trust service providers. In particular, it establishes the liability regime under which all trust service providers should be liable for damage caused to any natural or legal person due to failure to comply with the obligations under this Regulation. In order to facilitate the assessment of financial risk that trust service providers might have to bear or that they should cover by insurance policies, this Regulation allows trust service providers to set limitations, under certain conditions, on the use of the services they provide and not to be liable for damages arising from the use of services exceeding such limitations. Customers should be duly informed about the limitations in advance. Those limitations should be recognisable by a third party, for example by including information about the limitations in the terms and conditions of the service provided or through other recognisable means. For the purposes of giving effect to those principles, this Regulation should be applied in accordance with national rules on liability. Therefore, this Regulation does not affect those national rules on, for example, definition of damages, intention, negligence, or relevant applicable procedural rules.

(38) Notification of security breaches and security risk assessments is essential with a view to providing adequate information to concerned parties in the event of a breach of security or loss of integrity.

(39) To enable the Commission and the Member States to assess the effectiveness of the breach notification mechanism introduced by this Regulation, supervisory bodies should be requested to provide summary information to the Commission and to European Union Agency for Network and Information Security (ENISA).

(40) To enable the Commission and the Member States to assess the effectiveness of the enhanced supervision mechanism introduced by this Regulation, supervisory bodies should be requested to report on their activities. This would be instrumental in facilitating the exchange of good practice between supervisory bodies and would ensure the verification of the consistent and efficient implementation of the essential supervision requirements in all Member States.

(41) To ensure sustainability and durability of qualified trust services and to boost users’ confidence in the continuity of qualified trust services, supervisory bodies should verify the existence and the correct application of provisions on termination plans in cases where qualified trust service providers cease their activities.

(42) To facilitate the supervision of qualified trust service providers, for example, when a provider is providing its services in the territory of another Member State and is not subject to supervision there, or when the computers of a provider are located in the territory of a Member State other than the one where it is established, a mutual assistance system between supervisory bodies in the Member States should be established.

(43) In order to ensure the compliance of qualified trust service providers and the services they provide with the requirements set out in this Regulation, a conformity assessment should be carried out by a conformity assessment body and the resulting conformity assessment reports should be submitted by the qualified trust service providers to the supervisory body. Whenever the supervisory body requires a qualified trust service provider to submit an ad hoc conformity assessment report, the supervisory body should respect, in particular, the principles of good administration, including the obligation to give reasons for its decisions, as well as the principle of proportionality. Therefore, the supervisory body should duly justify its decision to require an ad hoc conformity assessment.

(44) This Regulation aims to ensure a coherent framework with a view to providing a high level of security and legal certainty of trust services. In this regard, when addressing the conformity assessment of products and services, the Commission should, where appropriate, seek synergies with existing relevant European and international schemes such as the Regulation (EC) No 765/2008 of the European Parliament and of the Council(9) which sets out the requirements for accreditation of conformity assessment bodies and market surveillance of products.

(45) In order to allow an efficient initiation process, which should lead to the inclusion of qualified trust service providers and the qualified trust services they provide into trusted lists, preliminary interactions between prospective qualified trust service providers and the competent supervisory body should be encouraged with a view to facilitating the due diligence leading to the provisioning of qualified trust services.

(46) Trusted lists are essential elements in the building of trust among market operators as they indicate the qualified status of the service provider at the time of supervision.

(47) Confidence in and convenience of online services are essential for users to fully benefit and consciously rely on electronic services. To this end, an EU trust mark should be created to identify the qualified trust services provided by qualified trust service providers. Such an EU trust mark for qualified trust services would clearly differentiate qualified trust services from other trust services thus contributing to transparency in the market. The use of an EU trust mark by qualified trust service providers should be voluntary and should not lead to any requirement other than those provided for in this Regulation.

(48) While a high level of security is needed to ensure mutual recognition of electronic signatures, in specific cases, such as in the context of Commission Decision 2009/767/EC(10), electronic signatures with a lower security assurance should also be accepted.

(49) This Regulation should establish the principle that an electronic signature should not be denied legal effect on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic signature. However, it is for national law to define the legal effect of electronic signatures, except for the requirements provided for in this Regulation according to which a qualified electronic signature should have the equivalent legal effect of a handwritten signature.

(50) As competent authorities in the Member States currently use different formats of advanced electronic signatures to sign their documents electronically, it is necessary to ensure that at least a number of advanced electronic signature formats can be technically supported by Member States when they receive documents signed electronically. Similarly, when competent authorities in the Member States use advanced electronic seals, it would be necessary to ensure that they support at least a number of advanced electronic seal formats.

(51) It should be possible for the signatory to entrust qualified electronic signature creation devices to the care of a third party, provided that appropriate mechanisms and procedures are implemented to ensure that the signatory has sole control over the use of his electronic signature creation data, and the qualified electronic signature requirements are met by the use of the device.

(52) The creation of remote electronic signatures, where the electronic signature creation environment is managed by a trust service provider on behalf of the signatory, is set to increase in the light of its multiple economic benefits. However, in order to ensure that such electronic signatures receive the same legal recognition as electronic signatures created in an entirely user-managed environment, remote electronic signature service providers should apply specific management and administrative security procedures and use trustworthy systems and products, including secure electronic communication channels, in order to guarantee that the electronic signature creation environment is reliable and is used under the sole control of the signatory. Where a qualified electronic signature has been created using a remote electronic signature creation device, the requirements applicable to qualified trust service providers set out in this Regulation should apply.

(53) The suspension of qualified certificates is an established operational practice of trust service providers in a number of Member States, which is different from revocation and entails the temporary loss of validity of a certificate. Legal certainty calls for the suspension status of a certificate to always be clearly indicated. To that end, trust service providers should have the responsibility to clearly indicate the status of the certificate and, if suspended, the precise period of time during which the certificate has been suspended. This Regulation should not impose the use of suspension on trust service providers or Member States, but should provide for transparency rules when and where such a practice is available.

(54) Cross-border interoperability and recognition of qualified certificates is a precondition for cross-border recognition of qualified electronic signatures. Therefore, qualified certificates should not be subject to any mandatory requirements exceeding the requirements laid down in this Regulation. However, at national level, the inclusion of specific attributes, such as unique identifiers, in qualified certificates should be allowed, provided that such specific attributes do not hamper cross-border interoperability and recognition of qualified certificates and electronic signatures.

(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.

(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.

(57) To ensure legal certainty as regards the validity of the signature, it is essential to specify the components of a qualified electronic signature, which should be assessed by the relying party carrying out the validation. Moreover, specifying the requirements for qualified trust service providers that can provide a qualified validation service to relying parties unwilling or unable to carry out the validation of qualified electronic signatures themselves, should stimulate the private and public sector to invest in such services. Both elements should make qualified electronic signature validation easy and convenient for all parties at Union level.

(58) When a transaction requires a qualified electronic seal from a legal person, a qualified electronic signature from the authorised representative of the legal person should be equally acceptable.

(59) Electronic seals should serve as evidence that an electronic document was issued by a legal person, ensuring certainty of the document’s origin and integrity.

(60) Trust service providers issuing qualified certificates for electronic seals should implement the necessary measures in order to be able to establish the identity of the natural person representing the legal person to whom the qualified certificate for the electronic seal is provided, when such identification is necessary at national level in the context of judicial or administrative proceedings.

(61) This Regulation should ensure the long-term preservation of information, in order to ensure the legal validity of electronic signatures and electronic seals over extended periods of time and guarantee that they can be validated irrespective of future technological changes.

(62) In order to ensure the security of qualified electronic time stamps, this Regulation should require the use of an advanced electronic seal or an advanced electronic signature or of other equivalent methods. It is foreseeable that innovation may lead to new technologies that may ensure an equivalent level of security for time stamps. Whenever a method other than an advanced electronic seal or an advanced electronic signature is used, it should be up to the qualified trust service provider to demonstrate, in the conformity assessment report, that such a method ensures an equivalent level of security and complies with the obligations set out in this Regulation.

(63) Electronic documents are important for further development of cross-border electronic transactions in the internal market. This Regulation should establish the principle that an electronic document should not be denied legal effect on the grounds that it is in an electronic form in order to ensure that an electronic transaction will not be rejected only on the grounds that a document is in electronic form.

(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).

(65) In addition to authenticating the document issued by the legal person, electronic seals can be used to authenticate any digital asset of the legal person, such as software code or servers.

(66) It is essential to provide for a legal framework to facilitate cross-border recognition between existing national legal systems related to electronic registered delivery services. That framework could also open new market opportunities for Union trust service providers to offer new pan-European electronic registered delivery services.

(67) Website authentication services provide a means by which a visitor to a website can be assured that there is a genuine and legitimate entity standing behind the website. Those services contribute to the building of trust and confidence in conducting business online, as users will have confidence in a website that has been authenticated. The provision and the use of website authentication services are entirely voluntary. However, in order for website authentication to become a means to boosting trust, providing a better experience for the user and furthering growth in the internal market, this Regulation should lay down minimal security and liability obligations for the providers and their services. To that end, the results of existing industry-led initiatives, for example the Certification Authorities/Browsers Forum — CA/B Forum, have been taken into account. In addition, this Regulation should not impede the use of other means or methods to authenticate a website not falling under this Regulation nor should it prevent third country providers of website authentication services from providing their services to customers in the Union. However, a third country provider should only have its website authentication services recognised as qualified in accordance with this Regulation, if an international agreement between the Union and the country of establishment of the provider has been concluded.

(68) The concept of ‘legal persons’, according to the provisions of the Treaty on the Functioning of the European Union (TFEU) on establishment, leaves operators free to choose the legal form which they deem suitable for carrying out their activity. Accordingly, ‘legal persons’, within the meaning of the TFEU, means all entities constituted under, or governed by, the law of a Member State, irrespective of their legal form.

(69) The Union institutions, bodies, offices and agencies are encouraged to recognise electronic identification and trust services covered by this Regulation for the purpose of administrative cooperation capitalising, in particular, on existing good practices and the results of ongoing projects in the areas covered by this Regulation.

(70) In order to complement certain detailed technical aspects of this Regulation in a flexible and rapid manner, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of criteria to be met by the bodies responsible for the certification of qualified electronic signature creation devices. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(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).

(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.

(73) For reasons of legal certainty and clarity, Directive 1999/93/EC should be repealed.

(74) To ensure legal certainty for market operators already using qualified certificates issued to natural persons in compliance with Directive 1999/93/EC, it is necessary to provide for a sufficient period of time for transitional purposes. Similarly, transitional measures should be established for secure signature creation devices, the conformity of which has been determined in accordance with Directive 1999/93/EC, as well as for certification service providers issuing qualified certificates before 1 July 2016. Finally, it is also necessary to provide the Commission with the means to adopt the implementing acts and delegated acts before that date.

(75) The application dates set out in this Regulation do not affect existing obligations that Member States already have under Union law, in particular under Directive 2006/123/EC.

(76) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(77) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(13) and delivered an opinion on 27 September 2012(14),

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter

With a view to ensuring the proper functioning of the F1 ... market while aiming at an adequate level of security of F2 ... trust services this Regulation:

(a)

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

lays down rules for trust services, in particular for electronic transactions; and

(c)

establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery services and certificate services for website authentication.

Textual Amendments

F1 Word in Art. 1 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 2(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 2(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 1(a) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 2(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Scope

F4 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. This Regulation does not apply to the provision of trust services that are used exclusively within closed systems [F5 by operation of law] or from agreements between a defined set of participants.

3. This Regulation does not affect [F6 the] law related to the conclusion and validity of contracts or other legal or procedural obligations relating to form.

Textual Amendments

F4 Art. 2(1) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 3(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(2) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 3(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 2(3) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 3(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘electronic identification’ means the process of using person identification data in electronic form uniquely representing either a natural or legal person, or a natural person representing a legal person;

(2)

‘electronic identification means’ means a material and/or immaterial unit containing person identification data and which is used for authentication for an online service;

(3)

‘person identification data’ means a set of data enabling the identity of a natural or legal person, or a natural person representing a legal person to be established;

(4)

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

‘authentication’ means an electronic process that enables the electronic identification of a natural or legal person, or the origin and integrity of data in electronic form to be confirmed;

(6)

‘relying party’ means a natural or legal person that relies upon F8 ... a trust service;

(7)

‘public sector body’ means a state, regional or local authority, a body governed by public law or an association formed by one or several such authorities or one or several such bodies governed by public law, or a private entity mandated by at least one of those authorities, bodies or associations to provide public services, when acting under such a mandate;

(8)

‘body governed by public law’ [F9 has the same meaning as in the Public Contracts Regulations 2015 (S.I. 2015/102) (see the definition of “bodies governed by public law” in regulation 2(1) of those Regulations);]

(9)

‘signatory’ means a natural person who creates an electronic signature;

(10)

‘electronic signature’ means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign;

(11)

‘advanced electronic signature’ means an electronic signature which meets the requirements set out in Article 26;

(12)

‘qualified electronic signature’ means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures;

(13)

‘electronic signature creation data’ means unique data which is used by the signatory to create an electronic signature;

(14)

‘certificate for electronic signature’ means an electronic attestation which links electronic signature validation data to a natural person and confirms at least the name or the pseudonym of that person;

(15)

‘qualified certificate for electronic signature’ means a certificate for electronic signatures, that is issued by a qualified trust service provider and meets the requirements laid down in Annex I;

(16)

‘trust service’ means an electronic service normally provided for remuneration which consists of:

(a)

the creation, verification, and validation of electronic signatures, electronic seals or electronic time stamps, electronic registered delivery services and certificates related to those services, or

(b)

the creation, verification and validation of certificates for website authentication; or

(c)

the preservation of electronic signatures, seals or certificates related to those services;

(17)

‘qualified trust service’ means a trust service that meets the applicable requirements laid down in this Regulation;

(18)

‘conformity assessment body’ means a body defined in point 13 of Article 2 of Regulation (EC) No 765/2008, which is accredited in accordance with that Regulation as competent to carry out conformity assessment of a qualified trust service provider and the qualified trust services it provides;

(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 trust service provider;

(20)

‘qualified trust service provider’ means a trust service provider who provides one or more qualified trust services and is granted the qualified status by the supervisory body;

(21)

‘product’ means hardware or software, or relevant components of hardware or software, which are intended to be used for the provision of trust services;

(22)

‘electronic signature creation device’ means configured software or hardware used to create an electronic signature;

(23)

‘qualified electronic signature creation device’ means an electronic signature creation device that meets the requirements laid down in Annex II;

(24)

‘creator of a seal’ means a legal person who creates an electronic seal;

(25)

‘electronic seal’ means data in electronic form, which is attached to or logically associated with other data in electronic form to ensure the latter’s origin and integrity;

(26)

‘advanced electronic seal’ means an electronic seal, which meets the requirements set out in Article 36;

(27)

‘qualified electronic seal’ means an advanced electronic seal, which is created by a qualified electronic seal creation device, and that is based on a qualified certificate for electronic seal;

(28)

‘electronic seal creation data’ means unique data, which is used by the creator of the electronic seal to create an electronic seal;

(29)

‘certificate for electronic seal’ means an electronic attestation that links electronic seal validation data to a legal person and confirms the name of that person;

(30)

‘qualified certificate for electronic seal’ means a certificate for an electronic seal, that is issued by a qualified trust service provider and meets the requirements laid down in Annex III;

(31)

‘electronic seal creation device’ means configured software or hardware used to create an electronic seal;

(32)

‘qualified electronic seal creation device’ means an electronic seal creation device that meets mutatis mutandis the requirements laid down in Annex II;

(33)

‘electronic time stamp’ means data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time;

(34)

‘qualified electronic time stamp’ means an electronic time stamp which meets the requirements laid down in Article 42;

(35)

‘electronic document’ means any content stored in electronic form, in particular text or sound, visual or audiovisual recording;

(36)

‘electronic registered delivery service’ means a service that makes it possible to transmit data between third parties by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations;

(37)

‘qualified electronic registered delivery service’ means an electronic registered delivery service which meets the requirements laid down in Article 44;

(38)

‘certificate for website authentication’ means an attestation that makes it possible to authenticate a website and links the website to the natural or legal person to whom the certificate is issued;

(39)

‘qualified certificate for website authentication’ means a certificate for website authentication, which is issued by a qualified trust service provider and meets the requirements laid down in Annex IV;

(40)

‘validation data’ means data that is used to validate an electronic signature or an electronic seal;

(41)

‘validation’ means the process of verifying and confirming that an electronic signature or a seal is valid;

(42)

[F10 ‘the equivalent EU law’ means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, or any instrument replacing that Regulation, as it has effect in EU law from time to time.]

Textual Amendments

F7 Art. 3(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 3(6) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 4(3); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 3(8) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 4(4); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 3(42) inserted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 4(5); 2020 c. 1, Sch. 5 para. 1(1)

F11 Article 4 U.K. Internal market principle

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Art. 4 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 5; 2020 c. 1, Sch. 5 para. 1(1)

F12 Article 5 U.K. Data processing and protection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 5 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1)

F13 CHAPTER II U.K. ELECTRONIC IDENTIFICATION

F13 Article 6 U.K. Mutual recognition

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 Article 7 U.K. Eligibility for notification of electronic identification schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 Article 8 U.K. Assurance levels of electronic identification schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 Article 9 U.K. Notification

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 Article 10 U.K. Security breach

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 Article 11 U.K. Liability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 Article 12 U.K. Cooperation and interoperability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Ch. 2 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 7; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. TRUST SERVICES

SECTION 1 U.K. General provisions

Article 13 U.K. Liability and burden of proof

1. Without prejudice to paragraph 2, trust service providers [F14 established in the United Kingdom or in the EU] shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation.

The burden of proving intention or negligence of a non-qualified trust service provider shall lie with the natural or legal person claiming the damage referred to in the first subparagraph.

The intention or negligence of a qualified trust service provider shall be presumed unless that qualified trust service provider proves that the damage referred to in the first subparagraph occurred without the intention or negligence of that qualified trust service provider.

2. Where trust service providers duly inform their customers in advance of the limitations on the use of the services they provide and where those limitations are recognisable to third parties, trust service providers shall not be liable for damages arising from the use of services exceeding the indicated limitations.

3. Paragraphs 1 and 2 shall be applied in accordance with [F15 general principles of liability in tort or delict].

Textual Amendments

F14 Words in Art. 13(1) inserted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 8(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 13(3) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 8(b); 2020 c. 1, Sch. 5 para. 1(1)

F16 Article 14 U.K. International aspects

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Art. 14 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 9; 2020 c. 1, Sch. 5 para. 1(1)

F17 Article 15 U.K. Accessibility for persons with disabilities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Art. 15 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 10; 2020 c. 1, Sch. 5 para. 1(1)

F18 Article 16 U.K. Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Art. 16 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 11; 2020 c. 1, Sch. 5 para. 1(1)

SECTION 2 U.K. Supervision

Article 17 U.K. Supervisory body

F19 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The role of the supervisory body [F21 (as assigned to the Information Commissioner by regulation 3 of the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696))] shall be the following:

(a) to supervise qualified trust service providers established in the [F22 United Kingdom] to ensure, through ex ante and ex post supervisory activities, that those qualified trust service providers and the qualified trust services that they provide meet the requirements laid down in this Regulation;

(b) to take action if necessary, in relation to non-qualified trust service providers established in the [F23 United Kingdom], through ex post supervisory activities, when informed that those non-qualified trust service providers or the trust services they provide allegedly do not meet the requirements laid down in this Regulation.

4. For the purposes of paragraph 3 and subject to the limitations provided therein, the tasks of the supervisory body shall include in particular:

F24 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to analyse the conformity assessment reports referred to in Articles 20(1) and 21(1);

(c) to inform F25 ... the public about breaches of security or loss of integrity in accordance with Article 19(2);

F26 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) to carry out audits or request a conformity assessment body to perform a conformity assessment of the qualified trust service providers in accordance with Article 20(2);

(f) to cooperate with the data protection authorities, in particular, by informing them without undue delay, about the results of audits of qualified trust service providers, where personal data protection rules appear to have been breached;

(g) to grant qualified status to trust service providers and to the services they provide and to withdraw this status in accordance with Articles 20 and 21;

(h) to inform the body responsible for the F27 ... trusted list referred to in Article 22(3) about its decisions to grant or to withdraw qualified status, unless that body is also the supervisory body;

(i) to verify the existence and correct application of provisions on termination plans in cases where the qualified trust service provider ceases its activities, including how information is kept accessible in accordance with point (h) of Article 24(2);

(j) to require that trust service providers remedy any failure to fulfil the requirements laid down in this Regulation.

[F28 5. The Secretary of State may give directions to the supervisory body requiring it to establish, maintain and update a trust infrastructure in accordance with the directions.]

F29 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Art. 17(1) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

F20 Art. 17(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 17(3) inserted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 17(3)(a) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 17(3)(b) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 17(4)(a) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 17(4)(c) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F26 Art. 17(4)(d) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F27 Word in Art. 17(4)(h) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F28 Art. 17(5) substituted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(5); 2020 c. 1, Sch. 5 para. 1(1)

F29 Art. 17(6)-(8) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 12(6); 2020 c. 1, Sch. 5 para. 1(1)

[F30 Article 18 U.K. Co-operation with EU authorities

1. The supervisory body may give information and assistance to, and otherwise co-operate with, a public authority in the EU if the supervisory body considers that to do so would be in the interests of effective regulation or supervision of trust services (whether inside or outside the United Kingdom).

2. Nothing in paragraph 1 authorises the processing of personal data other than in accordance with the data protection legislation.

In this paragraph, “processing”, “personal data” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.]

Textual Amendments

F30 Art. 18 substituted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 13; 2020 c. 1, Sch. 5 para. 1(1)

Article 19 U.K. Security requirements applicable to trust service providers

1. Qualified and non-qualified trust service providers [F31 established in the United Kingdom] shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide. Having regard to the latest technological developments, those measures shall ensure that the level of security is commensurate to the degree of risk. In particular, measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of the adverse effects of any such incidents.

2. Qualified and non-qualified trust service providers [F32 established in the United Kingdom] shall, without undue delay but in any event within 24 hours after having become aware of it, notify the supervisory body F33 ... of any breach of security or loss of integrity that has a significant impact on the trust service provided or on the personal data maintained therein.

Where the breach of security or loss of integrity is likely to adversely affect a natural or legal person to whom the trusted service has been provided, the trust service provider shall also notify the natural or legal person of the breach of security or loss of integrity without undue delay.

F34 ...

The notified supervisory body shall inform the public or require the trust service provider to do so, where it determines that disclosure of the breach of security or loss of integrity is in the public interest.

F35 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Words in Art. 19(1) inserted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 14(2); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 19(2) inserted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 14(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 19(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 14(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 19(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 14(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F35 Art. 19(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 14(4); 2020 c. 1, Sch. 5 para. 1(1)

F36 Art. 19(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 14(4); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 3 U.K. Qualified trust services

Article 20 U.K. 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 [F37 list] 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.

F38 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Word in Art. 20(3) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 15(a); 2020 c. 1, Sch. 5 para. 1(1)

F38 Art. 20(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 15(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 21 U.K. Initiation of a qualified trust service

1. Where trust service providers [F39 established in the United Kingdom], without qualified status, intend to start providing qualified trust services, they shall submit to the supervisory body a notification of their intention together with a conformity assessment report issued by a conformity assessment body.

2. The supervisory body shall verify whether the trust service provider and the trust services provided by it comply with the requirements laid down in this Regulation, and in particular, with the requirements for qualified trust service providers and for the qualified trust services they provide.

If the supervisory body concludes that the trust service provider and the trust services provided by it comply with the requirements referred to in the first subparagraph, the supervisory body shall grant qualified status to the trust service provider and the trust services it provides and inform the body referred to in Article 22(3) for the purposes of updating the trusted [F40 list] referred to in Article 22(1), not later than three months after notification in accordance with paragraph 1 of this Article.

If the verification is not concluded within three months of notification, the supervisory body shall inform the trust service provider specifying the reasons for the delay and the period within which the verification is to be concluded.

3. Qualified trust service providers may begin to provide the qualified trust service after the qualified status has been indicated in the trusted [F41 list] referred to in Article 22(1).

F42 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Words in Art. 21(1) inserted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 16(a); 2020 c. 1, Sch. 5 para. 1(1)

F40 Word in Art. 21(2) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 16(b); 2020 c. 1, Sch. 5 para. 1(1)

F41 Word in Art. 21(3) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 16(c); 2020 c. 1, Sch. 5 para. 1(1)

F42 Art. 21(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 16(d); 2020 c. 1, Sch. 5 para. 1(1)

[F43 Article 22 U.K. Trusted list

1. The Secretary of State must make arrangements for the maintenance and publication of a trusted list, containing information relating to qualified trust service providers and the qualified trust services provided by them.

2. The arrangements must provide for the maintenance and publication of the trusted list, in a secured manner, in a form that is electronically signed or sealed and suitable for automated processing.

3. The arrangements must provide for a body to be responsible for the maintenance and publication of the trusted list.

4. The arrangements may provide for the trusted list to include information relating to trust service providers established in the United Kingdom that do not have qualified status, and the trust services provided by them. Where the arrangements do so, they must also provide for the list to indicate clearly which providers and services are not qualified.

5. The arrangements must provide for the publication, in a form that is electronically signed or sealed and suitable for automated processing, of:

(a) information on the body referred to in paragraph 3, and

(b) details of where the trusted list is published, the certificates used to sign or seal the list, and any changes thereto.

6. The trusted list maintained under this Article is initially to consist of the information that was in the list maintained immediately before exit day under Article 22 of this Regulation as it then had effect.]

Textual Amendments

F43 Art. 22 substituted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 17; 2020 c. 1, Sch. 5 para. 1(1)

F44 Article 23 U.K. EU trust mark for qualified trust services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Art. 23 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 18; 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K. 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 F45 ..., 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 F46 ...:

(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 [F47 for the assurance levels ‘substantial’ or ‘high’ under the equivalent EU law so far as relating to electronic identification schemes (or would meet those requirements if they were not predicated on the doing of anything in, or by, a member State)]; 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 F48 ... 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 F49 ...;

(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 F50 ...;

(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.

F51 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Words in Art. 24(1) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 19(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 24(1) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 19(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 24(1)(b) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 19(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 24(1)(d) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 19(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 24(2)(c) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 19(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 24(2)(j) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 19(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F51 Art. 24(5) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 19(4); 2020 c. 1, Sch. 5 para. 1(1)

[F52 Article 24A U.K. Recognition of EU standards etc.

1. For the purposes of Articles 25(2), 27, 35(2), 37, 41(2) and 43(2) (and any implementing measures having effect for the purposes of those provisions), anything which is not qualified under this Regulation is to be treated as qualified if:

(a) it is qualified under the equivalent EU law, or

(b) the application of any one or more of the assumptions in paragraph 2 would result in its being qualified under either this Regulation or the equivalent EU law.

2. The assumptions are:

(a) to the extent that being qualified depends on anything being done by a qualified trust services provider, that a trust services provider with qualified status under this Regulation has qualified status under the equivalent EU law (and vice versa);

(b) to the extent that being qualified depends on any related service, device, process or record being qualified, that any such thing that is qualified under this Regulation is qualified under the equivalent EU law (and vice versa);

(c) to the extent that being qualified depends on meeting any technical standard or requirement, that anything meeting such a standard or requirement under this Regulation meets any corresponding standard or requirement under the equivalent EU law (and vice versa).

3. For the purposes of this Article, a trust service is not to be regarded as being qualified under the equivalent EU law if it is qualified (or is treated as such) only by virtue of provision for the recognition of trust services provided by entities established outside the EU pursuant to an international agreement to which the EU is party.]

Textual Amendments

F52 Art. 24A inserted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 20; 2020 c. 1, Sch. 5 para. 1(1)

SECTION 4 U.K. Electronic signatures

Article 25 U.K. 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.

F53 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 Art. 25(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 21; 2020 c. 1, Sch. 5 para. 1(1)

Article 26 U.K. Requirements for advanced electronic signatures

An advanced electronic signature shall meet the following requirements:

(a)

it is uniquely linked to the signatory;

(b)

it is capable of identifying the signatory;

(c)

it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and

(d)

it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.

Article 27 U.K. Electronic signatures in public services

[F54 1. If a public sector body requires an advanced electronic signature for the use of an online service offered by or on behalf of that body (but does not require it to be based on a qualified certificate for electronic signature), the body must recognise any advanced electronic signature (whether or not based on a qualified certificate for electronic signature) that complies with the Implementing Decision.

2. If a public sector body requires an advanced electronic signature based on a qualified certificate for electronic signature to use an online service offered by or on behalf of that body, the body must recognise any advanced electronic signature based on a qualified certificate for electronic signature, or any qualified electronic signature, that complies with the Implementing Decision.

3. If a public sector body requires an electronic signature to use an online service offered by or on behalf of that body, the body may not, for the use of that service from a place outside the United Kingdom, require the signature to be at a higher security level than that of a qualified electronic signature.]

F55 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56 5. In this Article “the Implementing Decision” means Commission Implementing Decision (EU) 2015/1506 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies.]

Textual Amendments

F54 Art. 27(1)-(3) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 22(2); 2020 c. 1, Sch. 5 para. 1(1)

F55 Art. 27(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 22(3); 2020 c. 1, Sch. 5 para. 1(1)

F56 Art. 27(5) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 22(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 28 U.K. Qualified certificates for electronic signatures

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

F57 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F58 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Art. 28(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 23; 2020 c. 1, Sch. 5 para. 1(1)

F58 Art. 28(5) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 23; 2020 c. 1, Sch. 5 para. 1(1)

F59 Art. 28(6) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 23; 2020 c. 1, Sch. 5 para. 1(1)

Article 29 U.K. Requirements for qualified electronic signature creation devices

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

F60 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 Art. 29(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 24; 2020 c. 1, Sch. 5 para. 1(1)

Article 30 U.K. 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 [F61 a person appointed for that purpose by the Secretary of State (“the appointed person”)].

[F62 2. The appointed person must notify the supervisory body of the name and address of any body the person designates under paragraph 1.

2A. The supervisory body must maintain a list of the names and addresses of the designated bodies notified to it under paragraph 2.]

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

(a) a security evaluation process [F63 that complies with the Implementing Decision]; 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 [F64 supervisory body]. 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.

[F65 In this paragraph “the Implementing Decision” means Commission Implementing Decision (EU) 2016/650 laying down standards for the security assessment of qualified signature and seal creation devices.]

F66 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Words in Art. 30(1) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 25(2); 2020 c. 1, Sch. 5 para. 1(1)

F62 Art. 30(2)(2A) substituted for Art. 30(2) (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 25(3); 2020 c. 1, Sch. 5 para. 1(1)

F63 Words in Art. 30(3)(a) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 25(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in Art. 30(3)(b) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 25(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 30(3) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 25(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F66 Art. 30(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 25(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 31 U.K. Publication of a list of certified qualified electronic signature creation devices

[F67 1. A body designated under Article 30(1) must notify the supervisory body as soon as reasonably practicable of any certification of conformity that it makes, or cancels, for the purposes of Article 30.

2. The supervisory body must maintain and publish a list of electronic signature creation devices the certification of which is notified to it under paragraph 1.]

F68 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Art. 31(1)(2) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 26(a); 2020 c. 1, Sch. 5 para. 1(1)

F68 Art. 31(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 26(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 32 U.K. 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.

F69 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Art. 32(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 27; 2020 c. 1, Sch. 5 para. 1(1)

Article 33 U.K. 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.

F70 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Art. 33(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 28; 2020 c. 1, Sch. 5 para. 1(1)

Article 34 U.K. 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.

F71 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Art. 34(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 29; 2020 c. 1, Sch. 5 para. 1(1)

SECTION 5 U.K. Electronic seals

Article 35 U.K. 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.

F72 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Art. 35(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 30; 2020 c. 1, Sch. 5 para. 1(1)

Article 36 U.K. Requirements for advanced electronic seals

An advanced electronic seal shall meet the following requirements:

(a)

it is uniquely linked to the creator of the seal;

(b)

it is capable of identifying the creator of the seal;

(c)

it is created using electronic seal creation data that the creator of the seal can, with a high level of confidence under its control, use for electronic seal creation; and

(d)

it is linked to the data to which it relates in such a way that any subsequent change in the data is detectable.

Article 37 U.K. Electronic seals in public services

[F73 1. If a public sector body requires an advanced electronic seal for the use of an online service offered by or on behalf of that body (but does not require it to be based on a qualified certificate for electronic seal), the body must recognise any advanced electronic seal (whether or not based on a qualified certificate for electronic seal) that complies with the Implementing Decision.

2. If a public sector body requires an advanced electronic seal based on a qualified certificate for electronic seal to use an online service offered by or on behalf of that body, the body must recognise any advanced electronic seal based on a qualified certificate for electronic seal, or any qualified electronic seal, that complies with the Implementing Decision.

3. If a public sector body requires an electronic seal to use an online service offered by or on behalf of that body, the body may not, for the use of that service from a place outside the United Kingdom, require the seal to be at a higher security level than that of a qualified electronic seal.]

F74 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75 5. In this Article “the Implementing Decision” means Commission Implementing Decision (EU) 2015/1506 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies.]

Textual Amendments

F73 Art. 37(1)-(3) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 31(2); 2020 c. 1, Sch. 5 para. 1(1)

F74 Art. 37(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 31(3); 2020 c. 1, Sch. 5 para. 1(1)

F75 Art. 37(5) substituted (31.12.2020) by The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 31(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 38 U.K. Qualified certificates for electronic seals

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

F76 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F77 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Art. 38(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 32; 2020 c. 1, Sch. 5 para. 1(1)

F77 Art. 38(5) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 32; 2020 c. 1, Sch. 5 para. 1(1)

F78 Art. 38(6) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 32; 2020 c. 1, Sch. 5 para. 1(1)

Article 39 U.K. Qualified electronic seal creation devices

1. Article 29 shall apply mutatis mutandis to requirements for qualified electronic seal creation devices.

2. Article 30 shall apply mutatis mutandis to the certification of qualified electronic seal creation devices.

3. Article 31 shall apply mutatis mutandis to the publication of a list of certified qualified electronic seal creation devices.

Article 40 U.K. Validation and preservation of qualified electronic seals

Articles 32, 33 and 34 shall apply mutatis mutandis to the validation and preservation of qualified electronic seals.

SECTION 6 U.K. Electronic time stamps

Article 41 U.K. 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.

F79 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Art. 41(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 33; 2020 c. 1, Sch. 5 para. 1(1)

Article 42 U.K. 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.

F80 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Art. 42(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 34; 2020 c. 1, Sch. 5 para. 1(1)

SECTION 7 U.K. Electronic registered delivery services

Article 43 U.K. Legal effect of an electronic registered delivery service

1. Data sent and received using an electronic registered delivery service 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 registered delivery service.

2. Data sent and received using a qualified electronic registered delivery service shall enjoy the presumption of the integrity of the data, the sending of that data by the identified sender, its receipt by the identified addressee and the accuracy of the date and time of sending and receipt indicated by the qualified electronic registered delivery service.

Article 44 U.K. 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.

F81 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Art. 44(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 35; 2020 c. 1, Sch. 5 para. 1(1)

SECTION 8 U.K. Website authentication

Article 45 U.K. Requirements for qualified certificates for website authentication

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

F82 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Art. 45(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 36; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. ELECTRONIC DOCUMENTS

Article 46 U.K. Legal effects of electronic documents

An electronic document shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.

F83 CHAPTER V U.K. DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS

F83 Article 47 U.K. Exercise of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83 Article 48 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Ch. 5 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 37; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VI U.K. FINAL PROVISIONS

F84 Article 49 U.K. Review

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Art. 49 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 38; 2020 c. 1, Sch. 5 para. 1(1)

Article 50 U.K. 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 Regulation.

Article 51 U.K. 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 shall be considered as qualified electronic signature creation devices under this Regulation.

2. Qualified certificates issued to natural persons under Directive 1999/93/EC shall be considered as qualified certificates for electronic signatures under this Regulation until they expire.

F85 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Art. 51(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 39; 2020 c. 1, Sch. 5 para. 1(1)

F86 Art. 51(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 39; 2020 c. 1, Sch. 5 para. 1(1)

Article 52 U.K. 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).

F87 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 Art. 52(3) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 40; 2020 c. 1, Sch. 5 para. 1(1)

F88 Art. 52(4) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 40; 2020 c. 1, Sch. 5 para. 1(1)

F89 ...

Done at Brussels, 23 July 2014.

For the Parliament

The President

M. Schulz

For the Council

The President

S. Gozi

Textual Amendments

F89 Words in Signature omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 41; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K. 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 F90 ...:

• 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.

Textual Amendments

F90 Words in Annex 1 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 42; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX II U.K. REQUIREMENTS FOR QUALIFIED ELECTRONIC SIGNATURE CREATION DEVICES

1. Qualified electronic signature creation devices shall ensure, by appropriate technical and procedural means, that at least: U.K.

(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. U.K.

3. Generating or managing electronic signature creation data on behalf of the signatory may only be done by a qualified trust service provider. U.K.

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: U.K.

(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 U.K. 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 F91 ...:

• 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.

Textual Amendments

F91 Words in Annex 3 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 43; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX IV U.K. 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 F92 ...:

• 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.

Textual Amendments

F92 Words in Annex 4 omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 44; 2020 c. 1, Sch. 5 para. 1(1)

(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.