Procedure completed, awaiting publication in Official Journal
Next event: Council Meeting 2013/06/06 more...
- Committee report tabled for plenary, 1st reading/single reading 2013/11/06
- Council Meeting 2013/12/05
- Debate in Parliament 2014/04/02
- Decision by Parliament, 1st reading/single reading 2014/04/03
- Council Meeting 2014/07/23
- End of procedure in Parliament 2014/07/23
- Act adopted by Council after Parliament's 1st reading 2014/07/23
- Vote in committee, 1st reading/single reading 2013/10/14
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | ECON | ||
Opinion | IMCO | GALLO Marielle (PPE) | |
Lead | ITRE | ULVSKOG Marita (S&D) | DEL CASTILLO VERA Pilar (PPE), CREUTZMANN Jürgen (ALDE), ANDERSDOTTER Amelia (Verts/ALE), KARIM Sajjad (ECR) |
Opinion | JURI | MÉSZÁROS Alajos (PPE) | |
Opinion | LIBE | ROHDE Jens (ALDE) |
Legal Basis TFEU 114-p1
- 1.20.05 Public access to information and documents, administrative practice
- 1.20.09 Protection of privacy and data protection
- 2.50.04.02 Electronic money and payments, cross-border credit transfers
- 2.80 Cooperation between administrations
- 3.30.05 Electronic and mobile communications, personal communications
- 3.30.06 Information and communication technologies
- 3.30.25 International information networks and society, internet
- 3.45.05 Business policy, electronic commerce, after-sales service, commercial distribution
- 4.60.06 Consumers' economic and legal interests
- 4.60.08 Safety of products and services, product liability
Activites
- #3330
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2014/07/23
Council Meeting
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2014/07/23
End of procedure in Parliament
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2014/07/23
Act adopted by Council after Parliament's 1st reading
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2014/04/03
Decision by Parliament, 1st reading/single reading
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T7-0282/2014
summary
The European Parliament adopted by 534 votes to 76, with 17 abstentions, a legislative resolution on electronic identification and trust services for electronic transactions in the internal market. Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement negotiated between the European Parliament and the Council. They amend the proposal as follows: Purpose: the Regulation seeks to enhance trust in electronic transactions in the internal market by providing a common foundation for secure electronic interaction between businesses, citizens and public authorities, thereby increasing the effectiveness of public and private online services, electronic business and electronic commerce in the Union. A “trust service” means an electronic service normally provided for remuneration which consists in: · the creation, verification, and validation of electronic signatures , electronic seals or electronic time stamps, electronic registered delivery services and certificates related to these services or · the creation, verification and validation of certificates for website authentication or · the preservation of electronic signatures, seals or certificates related to these services. Scope: this Regulation should apply to electronic identification schemes notified by Member States, and to trust service providers established in the Union. This Regulation does not apply to the provision of trust services used exclusively within closed systems resulting from national legislation or from agreements between a defined set of participants. 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. Mutual recognition: electronic identification systems notified according to the Regulation should specify the assurance levels“low”, “substantial” and/or “high” for electronic identification means issued. The obligation to recognise electronic identification means should only apply when the public sector body in question uses the assurance level “substantial” or “high in relation to accessing that service online. Notification of electronic identification systems: systems notified by the Member States should be accompanied by, among other things, the following information: (i) a description of the notified electronic identification scheme, including its assurance levels and the issuer(s) of electronic identification means under that scheme; (ii) the applicable supervisory regime and information on liability regime with respect to the party issuing the electronic identification means, and the party operating the authentication procedure; (iii) information on the entity or entities which manage the registration of the unique person identification data. Security breach: when either the electronic identification scheme notified or the authentication is breached or partly compromised in a manner that affects the reliability of the cross border authentication of that scheme, the notifying Member State should suspend or revoke without delay that cross border authentication or the compromised parts concerned and inform other Member States and the Commission. Liability: Parliament and the Council introduced a new provision whereby the notifying Member State, the party issuing the electronic identification means, as well as the party operating the authentication procedure, would be liable for damage caused intentionally or negligently to any natural or legal person for failing in a cross border transaction to comply with its obligations under the Regulation. The intention or negligence of a qualified trust service provider should be presumed unless he proves that the damage occurred without the intention or negligence on his part. Cooperation and interoperability: the national electronic identification schemes notified should be interoperable. The interoperability framework should aim to be technology neutral and should not discriminate between any specific national technical solutions for electronic identification within the Member State. Member States should cooperate as regards the interoperability of electronic identification systems and the security of electronic identification systems. Third country trust service providers: according to the amended text, trust services provided by trust service providers established in a third country should be recognised as legally equivalent to qualified trust services provided by qualified trust service providers established in the Union if the trust services originating from the third country are recognised under an agreement concluded between the Union and third countries or international organisations. Accessibility for persons with disabilities: where feasible, trust services provided and end-user products used in the provision of those services should be made accessible for persons with disabilities Supervisory body: Member States should designate a supervisory body or supervisory bodies to carry out the supervisory activities under this Regulation. Member States should be also able to decide, upon a mutual agreement with another Member State, to designate a supervisory body in the territory of that other Member State. 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. Supervision of qualified trust service providers: qualified trust service providers should be audited, at least every 24 months, at their own expense by a conformity assessment body. EU trust mark: an EU trust mark should be created to identify the qualified trust services provided by qualified trust services providers. The use of an EU trust mark by qualified trust service providers should be voluntary and should not lead to any other requirement than those already provided for in this Regulation. By 1 July 2015, the Commission should, by means of implementing acts, lay down specification relating to the form and in particular the presentation, composition, size and design of the EU trust mark for qualified trust services.
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T7-0282/2014
summary
- 2014/04/02 Debate in Parliament
- #3278
- 2013/12/05 Council Meeting
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2013/11/06
Committee report tabled for plenary, 1st reading/single reading
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A7-0365/2013
summary
The Committee on Industry, Research and Energy adopted the report by Marita ULVSKOG (S&D, SE) on the proposal for a regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market. The committee recommended that the position of the European Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Scope: this Regulation should apply to notified electronic identification schemes mandated, recognised or issued by or on behalf of Member Sates, and to trust service providers established in the Union. It should also apply to both qualified and non-qualified trust service providers established in the Union. Electronic identification systems: Member States which notify an electronic identification scheme shall forward to the Commission the following information and without undue delay, any subsequent changes thereof: (i) a description of the notified electronic identification scheme and its security assurance level; (ii) information on which entity or entities manage the registration of the appropriate attributes identifiers; (iii) a description of how the requirements of the interoperability framework are met; (iv) a description of the authentication possibility and any technical requirements imposed on relying parties. Security breach: where there is a breach of security that would affect the reliability of that scheme for cross-border transactions, the notifying Member State shall without undue delay suspend or revoke the cross-border function of that electronic identification scheme or that authentication possibility or the compromised parts concerned and inform other Member States and the Commission thereof. Liability: the amended text introduced a new provision providing that the notifying Member State shall be liable for any damage caused to a natural or legal person which could reasonably be expected to arise under normal circumstances as a result of its failure to comply with this Regulation, unless it can show that it has acted with due diligence. Coordination and interoperability: Member States and the Commission shall in particular prioritize interoperability for e-services with the greatest cross border relevance. The provisions intended to guarantee technical interoperability have to be technologically neutral so as not to interfere with the options favoured by Member States when developing their national electronic identification and authentication schemes. Liability of qualified trust service providers: Members took the view that only qualified trust service providers should be subject to the liability scheme, as in Directive 1999/93/EC. Non-qualified service providers should be covered by the general scheme of civil and contractual liability defined in the national law of each Member State.</Amend> Qualified trust services providers from third countries: Members wished to refer to the provision of EU personal data protection law which specifies the adequacy of the level of protection afforded by a third country. Processing of personal data: processing of personal data might be necessary in case of a breach or in order to take appropriate counter measures and should be applied where this is absolutely necessary and be a "legitimate interest" under the Data Protection Directive and thus be lawful. Disabled persons: trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities in accordance with Union law. Supervisory body: the designated supervisory body, its addresses and the names of responsible persons shall be communicated to the Commission. Supervisory bodies shall be given adequate resources necessary for the exercise of their tasks. Supervision of trust service providers: qualified trust service providers shall be audited annually by an independent body whose competence to carry out the audit has been demonstrated to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this Regulation, and shall submit the resulting compliance audit report to the supervisory body. Such audit shall also be carried out following any significant technological or organizational changes. If, after three years, the annual audit reports raise no concerns, the audits shall be carried out every two years only. ‘EU’ qualified trustmark: Members introduced the possibility for qualified trust service providers to use an EU trustmark to present and advertise the qualified trust services which they offer that meet the requirements laid down in this Regulation. Parliament already called for the creation of a trustmark in its resolution of 11 December 2012 on completing the Digital Single Market. Electronic documents: Members stated that 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 format. A document bearing a qualified electronic signature or a qualified electronic seal, shall have the equivalent legal effect of a paper document bearing a handwritten signature or a physical seal, where this exists under national law, provided the document does not contain any dynamic features capable of automatically changing the document. Implementing measures and delegated acts: the proposed Regulation empowers the Commission in many provisions to adopt delegated acts or implementing measures. Members have reservations to an approach that relies upon acts and measures so heavily. They proposed amendments that will restrict the proposed acts strictly to technical implementation of the legal act in question in a uniform manner.
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A7-0365/2013
summary
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2013/10/14
Vote in committee, 1st reading/single reading
- #3243
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2013/06/06
Council Meeting
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3243
summary
The Council took note of progress made on a proposed Regulation intended to enhance trust in electronic transactions by setting up a legal framework for electronic identification and other electronic trust services in the internal market. Work on this technically complex draft legislation under the Irish Presidency focused primarily on electronic identification and, to a lesser extent, trust services. One key issue is that of assurance levels for electronic identification, which are required so that electronic means of identification issued in another Member State can be recognised. While a number of delegations favour the principle of matching levels as a basis for recognition, other delegations would prefer to have the required assurance levels set out in the Regulation. There is, however, broad support amongst delegations for a number of general principles regarding electronic identification: initial limitation on services provided by the public sector; ensuring interoperability between national identification infrastructures; technological neutrality; and the need for security breaches to be addressed. A considerable number of other issues will also require further discussion, including: liability with respect to electronic identification and trust services; treatment of trust service providers from third countries; supervision of trust service providers; the effect of certain provisions concerning electronic signatures and electronic seals on national and procedural law; the concept of "electronic document" and the appropriateness of covering electronic documents in this piece of legislation; clarification of definitions; the use of "delegated acts" empowering the Commission to adopt related legal acts on non-essential technical aspects of the Regulation; the deadline for the entry into force of the Regulation.
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3243
summary
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2013/02/07
Referral to associated committees announced in Parliament
- #3213
- 2012/12/20 Council Meeting
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2012/06/14
Committee referral announced in Parliament, 1st reading/single reading
- #3171
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2012/06/07
Council Meeting
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3171
summary
The Commission presented to ministers a new draft regulation to enable cross-border and secure electronic transactions in the EU, adopted on 4 June 2012. The draft regulation: lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market; establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic delivery services and website authentication; contribute to building trust and confidence in the on-line market for goods and services and therefore to the completion of the internal market and growth.
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3171
summary
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2012/06/04
Legislative proposal published
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COM(2012)0238
summary
PURPOSE: to enhance trust in electronic transactions in the internal market and ensure the mutual recognition of electronic identification, authentication, signatures and other trust services across borders. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: building trust in the online environment is key to economic development. The existing EU legislation, namely Directive 1999/93/EC on a Community framework for electronic signatures, essentially covers electronic signatures only. There is no comprehensive EU cross-border and cross-sector framework for secure, trustworthy and easy-to-use electronic transactions that encompasses electronic identification, authentication and signatures. The Digital Agenda for Europe identifies existing barriers to Europe’s digital development and proposes legislation on e-signatures and the mutual recognition of eIdentification and authentication, establishing a clear legal framework so as to eliminate fragmentation and the lack of interoperability, enhance digital citizenship and prevent cybercrime. Legislation ensuring the mutual recognition of electronic identification and authentication across the EU is also a key action in the Single Market Act, as well as the Roadmap for Stability and Growth. The European Parliament 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. The aim of this proposal is to enhance existing legislation and to expand it to cover the mutual recognition and acceptance at EU level of notified electronic identification schemes and other essential related electronic trust services. IMPACT ASSESSMENT: three sets of policy options were assessed, dealing respectively with (1) the scope of the new framework, (2) the legal instrument and (3) the level of supervision required. The preferred policy option proved to be enhancing legal certainty, boosting coordination of national supervision, ensuring mutual recognition and acceptance of electronic identification schemes and incorporating essential related trust services. The impact assessment concluded that doing this would lead to considerable improvements to legal certainty, security and trust in terms of cross-border electronic transactions, resulting in less fragmentation of the market. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed regulation seeks to enable secure and seamless electronic interactions between businesses, citizens and public authorities, thereby increasing the effectiveness of public and private online services, e-business and electronic commerce in the EU. The main points of the proposal are as follows: 1) Electronic identification: the proposal provides for the mutual recognition and acceptance of electronic identification means falling under a scheme, which will be notified, to the Commission on the conditions laid down in the Regulation. It does not oblige Member States to introduce or notify electronic identification schemes, but to recognise and accept notified electronic identifications for those online services where electronic identification is required to get access at national level. Electronic identification schemes shall be eligible for notification if all five of the following conditions are met: · the electronic identification means are issued by, on behalf of or under the responsibility of the notifying Member State; · the electronic identification means can be used to access at least public services requiring electronic identification in the notifying Member State; · Member States must ensure an unambiguous link between the electronic identification data and the person concerned; · the notifying Member State ensures the availability of an authentication possibility online, at any time and free of charge. No specific technical requirements, such as hardware or software can be imposed on the parties relying on such authentication; · Member States must accept liability for the unambiguity of the link (i.e. that the identification data attributed to the person are not linked to any other person) and the authentication possibility (i.e. the possibility to check the validity of the electronic identification data). The proposal also aims to ensure the technical interoperability of the notified identification schemes through a coordination approach, including delegated acts. 2) Trust services: the proposal sets out the principles relating to the liability of both non-qualified and qualified trust service providers. It builds on Directive 1999/93/EC and extends entitlement to compensation of damage caused by any negligent trust service provider for failure to comply with security good practices which result in a security breach which has a significant impact on the service. It also describes the mechanism for the recognition and acceptance of qualified trust services provided by a provider established in a third country. 3) Supervision: the proposal (i) requires Member States to establish supervisory bodies, clarifying and enlarging the remit of the latter with regard to both trust service providers and qualified trust service providers; (ii) introduces an explicit mechanism of mutual assistance between supervisory bodies in Member States to facilitate the cross-border supervision of trust service providers; (iii) introduces an obligation for both qualified and non-qualified trust service providers to implement appropriate technical and organisational measures for the security of their activities ; (iv) sets out the conditions for the supervision of qualified trust service providers and qualified trust services provided by them ; (v) provides for the establishment of trusted lists containing information on qualified trust service providers who are subject to supervision and to the qualified services they offer. 4) Electronic signature: the proposal enshrines the rules related to the legal effect of natural persons’ electronic signatures, introducing an explicit obligation to give to qualified electronic signatures the same legal effect as handwritten signatures. Furthermore, Member States must ensure the cross-border acceptance of qualified electronic signatures, in the context of the provision of public services. The proposal also sets out: the requirements for qualified signature certificates and the requirements for qualified electronic signature creation devices; the conditions for qualified validation services, and the condition for the long-term preservation of qualified electronic signatures. 5) Electronic seals: the provisions concern the legal effect of electronic seals of legal persons. A specific legal presumption is bestowed on a qualified electronic seal which guarantees the origin and integrity of electronic documents to which it is linked. 6) Electronic time stamp: a specific legal presumption is bestowed on qualified electronic time stamps with regard to the certainty of the time. 7) Electronic documents: there is a specific legal presumption of the authenticity and integrity of any electronic document signed with a qualified electronic signature or bearing a qualified electronic seal. With regard to the acceptance of electronic documents, when an original document or a certified copy is required for the provision of a public service, at the least electronic documents issued by the persons who are competent to issue the relevant documents and that are considered to be originals or certified copies in accordance with national law of the Member State of origin, shall be accepted in other Member States without additional requirements. 8) Website authentication: the proposal ensures that the authenticity of a website with respect to the owner of the site will be guaranteed. BUDGETARY IMPLICATION: EUR 9 408 million for the period 2014-2020 (human resources). The specific budgetary implications of the proposal relate to the tasks allocated to the European Commission. The proposal has no implications on operational expenditure. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU.
- DG {'url': 'http://ec.europa.eu/dgs/connect/index_en.htm', 'title': 'Communications Networks, Content and Technology'}, KROES Neelie
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COM(2012)0238
summary
Documents
- Legislative proposal published: COM(2012)0238
- Debate in Council: 3171
- Debate in Council: 3213
- Debate in Council: 3243
- Committee report tabled for plenary, 1st reading/single reading: A7-0365/2013
- Debate in Council: 3278
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0282/2014
Amendments | Dossier |
305 |
2012/0146(COD)
2013/05/20
ITRE
305 amendments...
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 4 4. This Regulation ensures that qualified and non-qualified trust services and products which comply with
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to electronic identification
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to electronic identification
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to electronic authentication and identification provided by, on behalf or under the responsibility of Member States and to the associated trust service providers
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 2 2. This Regulation does not apply to the provision of electronic trust services
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 2 2. This Regulation shall apply to both qualified and non-qualified trust service providers established, or providing services, in the Union. It does not apply to the provision of electronic trust services based on voluntary agreements under private law not related to access to public services.
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 107 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 (new) Without prejudice to their national sovereignty, Member States shall ensure that the forms prescribed by National or Union Law shall not compromise the legal validity of electronic trust services under public and private law requirements.
Amendment 108 #
Proposal for a regulation Article 3 – point 1 (1) ‘electronic identification’ means the process of
Amendment 109 #
Proposal for a regulation Article 3 – point 1 (1)
Amendment 110 #
Proposal for a regulation Article 3 – point 1 1) ‘electronic identification’ means the process of using
Amendment 111 #
Proposal for a regulation Article 3 – point 1 a (new) (1a) 'transaction' means a session or contact between the person and a relying party;
Amendment 112 #
Proposal for a regulation Article 3 – point 1 b (new) (1b) 'unlinkable electronic authentication' means a process of using data in electronic form on attributes of a natural or legal person where the provided attributes and additionally available information do not allow the transaction to be linked to a person or any other transaction;
Amendment 113 #
Proposal for a regulation Article 3 – point 1 c (new) (1c) 'context specific electronic authentication' means the process of using data in electronic form on personal attributes of a natural or legal person where the provided attributes allow verification that the same person has electronically authenticated in the same context on a previous transaction;
Amendment 114 #
Proposal for a regulation Article 3 – point 2 (2)
Amendment 115 #
Proposal for a regulation Article 3 – point 3 (3)
Amendment 116 #
Proposal for a regulation Article 3 – point 4 (4)
Amendment 117 #
Proposal for a regulation Article 3 – point 4 a (new) (4a) 'identification data' means any set of attributes the knowledge of which specifies a single physical person, e.g. the combination of name and residential address or name and date of birth or any information leading to such, e.g. a passport number or unique person number;
Amendment 118 #
Proposal for a regulation Article 3 – point 4 b (new) (4b) 'issuer' means an entity that vouches for the validity of one or more attributes of a person, by issuing an electronic identification means to a holder;
Amendment 119 #
Proposal for a regulation Article 3 – point 4 c (new) (4c) 'validation service' means the entity responsible for a authentication possibility ensured by a notifying Member State according to point (d) of Article 6(1);
Amendment 120 #
Proposal for a regulation Article 3 – point 4 d (new) (4d) 'holder' means a natural or legal person to whom an electronic authentication means is issued;
Amendment 121 #
Proposal for a regulation Article 3 – point 4 e (new) (4e) 'relying party' means a natural or legal person to whom the holder of an electronic authentication means verifies attributes;
Amendment 122 #
Proposal for a regulation Article 3 – point 7 – point c (c)
Amendment 123 #
Proposal for a regulation Article 3 – point 7 – point c (c) it is created using electronic signature creation data that the signatory can, with high level of confidence, use
Amendment 124 #
Proposal for a regulation Article 3 – point 8 Amendment 125 #
Proposal for a regulation Article 3 – point 10 10) ‘certificate’ means an electronic attestation which links
Amendment 126 #
Proposal for a regulation Article 3 – point 11 Amendment 127 #
Proposal for a regulation Article 3 – point 12 (12) ‘trust service’ means any electronic service consisting in the creation, verification, validation, handling and preservation of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic delivery services,
Amendment 128 #
Proposal for a regulation Article 3 – point 13 Amendment 129 #
Proposal for a regulation Article 3 – point 14 (14)
Amendment 130 #
Proposal for a regulation Article 3 – point 15 Amendment 131 #
Proposal for a regulation Article 3 – point 18 Amendment 132 #
Proposal for a regulation Article 3 – point 21 Amendment 133 #
Proposal for a regulation Article 3 – point 22 Amendment 134 #
Proposal for a regulation Article 3 – point 24 Amendment 135 #
Proposal for a regulation Article 3 – point 26 Amendment 136 #
Proposal for a regulation Article 3 – point 29 Amendment 137 #
Proposal for a regulation Article 3 – point 30 Amendment 138 #
Proposal for a regulation Article 3 – point 30 Amendment 139 #
Proposal for a regulation Article 3 – point 30 (
Amendment 140 #
Proposal for a regulation Article 4 a (new) Article 4a Data procession and protection 1. Trust service providers, issuers, validation services, relying parties and supervisory bodies shall ensure fair and lawful processing in accordance with Directive 95/46/EC when processing personal data. 2. Trust service providers, issuers, validation services shall process personal data according to Directive 95/46/EC. Such processing shall be strictly limited to the minimum data needed to issue and maintain an eID or certificate, validate an electronic authentication or to provide a trust service. 3. Trust service providers, issuers, validation services shall guarantee the confidentiality and integrity of data related to a person to whom the eID is issued or the service is provided. 4. Without prejudice to the legal effect given to pseudonyms under national law, Member States shall not prevent issuers from indicating in electronic authentication means a pseudonym instead of or in addition to the holder's name or prevent trust service providers indicating in electronic signature certificates a pseudonym instead of the signatory's name. 5. Validation services must not collect or retain data beyond the extent necessary for the process of validation. Validation services must not profile signatories, relying parties or any other customers. Logs may be retained for the purpose of detecting fraud and intrusions but for no more than 90 days.
Amendment 142 #
Proposal for a regulation Article 5 1. When an electronic
Amendment 143 #
Proposal for a regulation Article 5 When an electronic identification using an electronic identification means and authentication is required under Union or national legislation or administrative practice to access a service online in one Member State or in the Union institution, any the electronic identification means issued in another Member State or by the Union institution falling under a scheme, which is included in the list published by the Commission pursuant to
Amendment 144 #
Proposal for a regulation Article 5 When an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a public service online
Amendment 145 #
Proposal for a regulation Article 5 When an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online,
Amendment 146 #
Proposal for a regulation Article 5 When an electronic identification using an electronic identification means and authentication is
Amendment 147 #
Proposal for a regulation Article 5 – subparagraph 1 a (new) Paragraph 1 only applies to specific cross border public services. In order to specify these cross border services the Commission shall, by means of an implementing act, draw up a list. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 148 #
Proposal for a regulation Article 5 – subparagraph 1 a (new) Subparagraph 1 only applies to specific cross border public services. In order to specify these cross border services the Commission shall, by means of an implementing act, draw up a list. This implementing act shall follow the decisions of article 8 and be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 149 #
Proposal for a regulation Article 5 – subparagraph 1 b (new) Member States may maintain and use under national law their own identification systems for online services that are outside of the list referred to in subparagraph 2.
Amendment 150 #
Proposal for a regulation Article 5 – subparagraph 1 c (new) Member States may voluntarily provide electronic identification systems to citizens of another Member State under national law.
Amendment 151 #
Proposal for a regulation Article 6 – title Conditions of notification of electronic authentication or identification schemes
Amendment 152 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Electronic authentication or identification schemes shall be eligible for notification pursuant to Article 7 if all the following conditions are met:
Amendment 153 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 154 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the electronic identification means are
Amendment 155 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the electronic identification means are issued
Amendment 156 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the electronic authentication or identification means are issued by, on behalf of or under the responsibility of the notifying Member State;
Amendment 157 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the electronic identification means are issued
Amendment 158 #
Proposal for a regulation Article 6 – paragraph 1 – point (a a) (new) (aa) the electronic identification means are established by law as an official document and national identifier in the notifying Member State;
Amendment 159 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) the electronic identification means under that scheme can be used to access at least
Amendment 160 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) the electronic authentication or identification means can be used to access at least public services requiring electronic identification in the notifying Member State;
Amendment 161 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the electronic identification scheme meets the requirements of the interoperability model under Article 8,
Amendment 162 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the notifying Member State ensures that the person identification data are attributed
Amendment 163 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the notifying Member State ensures that the
Amendment 164 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the notifying Member State ensures that the person identification data are attributed
Amendment 165 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) the party issuing the electronic identification means under that scheme ensures that the person identification data referred to in point (c) are attributed to a sufficiently high level for the identity assurance level in question to the electronic identification means at the time of the issuance of the electronic identification means;
Amendment 166 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) the notifying Member State ensures the availability of an authentication possibility
Amendment 167 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) the notifying Member State ensures the
Amendment 168 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) the notifying Member State ensures the availability of an authentication possibility online, at any time and, in case of access to public services, free of charge so that any relying party outside the territory of this Member State can validate the person identification data received in electronic form. Member States shall not impose any disproportionate specific technical requirements on relying parties established outside of their territory intending to carry out such authentication. When either the notified identification scheme or authentication possibility is breached or partly compromised, Member States shall suspend or revoke without delay the notified identification scheme or authentication possibility or the compromised parts concerned and inform
Amendment 169 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (da) the notifying Member State ensures the availability of authentication online, so that any relying party established outside of the territory of that Member State can validate the person identification data received in electronic form. Such authentication shall be provided free of charge when accessing a service online provided by a public sector body. Member States shall not unduly impose any specific technical requirements on relying parties intending to carry out such authentication;
Amendment 170 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (da) validation services must provide at the discretion of the holder a signed or sealed proof of attributes selected by the holder. In case of an anonymous authentication the provided proof must not be linkable to the holder or to any other proof or personal attributes provided. In cases of context specific electronic authentication linkability is permissible only within the specific context;
Amendment 171 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (da) the validation service referred to in (d) respects the data minimization principle and can only collect or retain data for the purpose of carrying out the validation. The validation service cannot profile signatories, relying parties or any other customers;
Amendment 172 #
Proposal for a regulation Article 6 – paragraph 1 – point e – introductory part (e) the notifying Member State
Amendment 173 #
Proposal for a regulation Article 6 – paragraph 1 – point e – point i (i) th
Amendment 174 #
Proposal for a regulation Article 6 – paragraph 1 – point e – point i (i) the
Amendment 175 #
Proposal for a regulation Article 6 – paragraph 1a (1a) The notifying Member States may only notify an electronic identification scheme by certification service-provider established in a third country, if that provider fulfils all of the requirements laid down in this Directive.
Amendment 176 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Member States which notify an electronic authentication or identification scheme shall forward to the Commission the following information and without undue delay, any subsequent changes thereof:
Amendment 177 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a description of the notified electronic identification scheme; including its identity assurance levels;
Amendment 178 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a description of the notified electronic identification scheme and its security assurance level;
Amendment 179 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a description of the notified electronic authentication or identification scheme;
Amendment 180 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the authorities responsible for the notified electronic authentication or identification scheme;
Amendment 181 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the authority or authorities responsible for the notified electronic identification scheme;
Amendment 182 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) information on
Amendment 183 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) information on by whom the registration of the
Amendment 184 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) information on
Amendment 185 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (ca) a description of how the requirements of the interoperability framework referred to in Article 8 are met;
Amendment 186 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) a description of the authentication possibility and any technical requirements imposed on relying parties;
Amendment 187 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) a description of the authentication possibility referred to in point (d) of Article 6(1);
Amendment 188 #
Proposal for a regulation Article 7 – paragraph 1 – point e (e) arrangements for suspension or revocation of either the notified
Amendment 189 #
Proposal for a regulation Article 7 – paragraph 1 – point e a (new) Amendment 190 #
Proposal for a regulation Article 7 – paragraph 2 2. Six months after the entry into force of the Regulation, the Commission shall publish in the Official Journal of the European Union as well as on a publicly available website the list of the electronic identification schemes which were notified pursuant to paragraph 1 and the basic information thereon.
Amendment 191 #
Proposal for a regulation Article 7 – paragraph 3 3. If the Commission receives a notification after the period referred to in paragraph 2 has expired, it shall
Amendment 192 #
Proposal for a regulation Article 7 a (new) Article 7a 1. When either the electronic identification scheme notified pursuant to Article 7(1) or the authentication referred to in point (d) of Article 6(1) is breached or partly compromised in a way that would affect the reliability of that scheme for cross border transactions, the notifying Member State shall without delay suspend or revoke the cross border part of that electronic identification scheme or that authentication or the compromised parts concerned and inform other Member States and the Commission. 2. When the breach or compromise referred to in paragraph 1 has been remedied, the notifying Member State shall reestablish the authentication and shall inform other Member States and the Commission without undue delay. 3. If the breach or compromise referred to in paragraph 1 is not remedied within 3 months of the suspension or revocation, the notifying Member State shall notify the withdrawal of the electronic identification scheme to other Member States and to the Commission. The Commission shall publish without undue delay in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 7(2).
Amendment 193 #
Proposal for a regulation Article 7 a (new) Article 7a Liability 1. The notifying Member State shall be liable with regard to electronic identification means issued by it or on its behalf for any direct damage caused by non-compliance with obligations under Article 6, unless it can show that it has not acted negligently. 2. The issuer of an electronic identification means recognized and notified by a Member State pursuant to the procedure referred to in Article 7 shall be liable for failure to ensure – (i) the unambiguous attribution of the person identification data, and – (ii) the authentication possibility, unless he can show that he has not acted negligently.
Amendment 194 #
Proposal for a regulation Article 7 b (new) Article 7b 1. The notifying Member State shall be liable for any direct damage caused to any natural or non-natural person due to a failure to comply with its obligations under points (c) and (d) of Article 6(1), unless it can show that it has not acted negligently. 2. The party issuing the electronic identification means shall be liable for any direct damage caused to any natural or non-natural person for failing to ensure, consistent with the application of the identity assurance levels within national schemes: (i) the attribution of the person identification data referred to in point (ca) of Article 6(1), and (ii) the correct operation of the authentication referred to in point (d) of Article 6(1). unless it can show that it has not acted negligently. 3. Paragraphs 1 and 2 are without prejudice to the liability under national legislation of parties to a transaction in which electronic identification means falling under the notified scheme are used.
Amendment 197 #
Proposal for a regulation Article 8 – paragraphs 1, 1 a (new), 1 b (new), 1 c (new), 1 d (new) and 1 e (new) 1. The national electronic identification infrastructures need to provide for interoperability with the electronic identification infrastructures of other Member States. The interoperability between the national electronic identification infrastructures shall be ensured through an interoperability model. 1a. The interoperability model shall include the necessary minimum technical requirements, the common operational security standards and the levels of identity assurance and standards against which Member States will map their national scheme, certification and governance. 1b. The interoperability model shall : i) ensure technology neutrality; ii) facilitate the principle of privacy by design; iii) ensure personal data is processed in accordance with Directive 95/46EC. 1c. By [insert the date], in order to establish uniform conditions for implementing paragraphs 1, 1a and 1b, the Commission shall adopt implementing acts on standards, protocols for the interoperability model and identity assurance levels. 1d. Member States shall cooperate in order to ensure the interoperability of electronic identification means falling under a notified electronic identification scheme and to enhance their security. 1e. The cooperation between Member States shall consist of: i) exchange of information, experience and good practice on eID schemes; ii) peer review of eID schemes; iii)examination of relevant developments in the eID sector.
Amendment 198 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall cooperate in order to ensure the interoperability of electronic identification means falling under a notified scheme and to enhance their security. Interoperability standards shall be public together with the cryptographic algorithms, protocols and key management standards. All audit reports shall be published together with all breach notifications following the responsible disclosure period set out in Article 15(2).
Amendment 199 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. Member States and the commission shall in particular prioritize interoperability for such e-services with the greatest cross-border relevance by: (a) exchanging best practices concerning the electronic identification means falling under a notified scheme; (b) providing and regularly update best practices on trust and security of the electronic identification means; (c) providing and regularly update on the promotion of the use of electronic identification means.
Amendment 200 #
Proposal for a regulation Article 8 – paragraph 2 2. The Commission shall, by means of implementing acts, establish the necessary modalities to facilitate the cooperation between the Member States referred to in paragraphs 1d and 1e with a view to fostering a high level of trust and security appropriate to the degree of risk.
Amendment 201 #
Proposal for a regulation Article 8 – paragraph 2 2. The Commission shall, by means of implementing acts, establish the necessary modalities to facilitate the cooperation between the Member States and the publication and peer-review mechanisms referred to in paragraph 1 with a view to fostering a high level of trust and security appropriate to the degree of risk. Those implementing acts shall concern, in particular, the exchange of information, experiences and good practice on electronic identification schemes, the
Amendment 202 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 203 #
Proposal for a regulation Article 8 – paragraph 3 3. The
Amendment 204 #
Proposal for a regulation Article 8 – paragraph 3 3. The Commission shall, b
Amendment 205 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 206 #
Proposal for a regulation Article 9 – paragraph 1 1. A trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in Article 15(1),
Amendment 207 #
Proposal for a regulation Article 9 – paragraph 1 1. A trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in Article 15(1)
Amendment 208 #
Proposal for a regulation Article 9 – paragraph 1 1. A trust service provider shall be liable
Amendment 209 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 210 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 211 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. Paragraph 2 shall apply mutatis mutandis where he guaranteed, pursuant to Article 11 paragraph 1 point (b), for the compliance with the requirements of this Regulation by a qualified trust service provider established in a third country, unless the qualified trust service provider established in the Union can prove that the former has not acted negligently.
Amendment 212 #
Proposal for a regulation Article 9 – paragraph 2 2. A qualified trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to meet the requirements laid down in this Regulation, in particular in Article 19
Amendment 213 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. Subject to the following conditions, trust service providers may indicate limitations on the use of the services they provide: (a) they duly inform their customers in advance of those limitations, and (b) those limitations are recognisable to third parties. Where trust service providers indicate limitations on the use of the services they provide in accordance with the first subparagraph, they shall not be liable for damages exceeding the indicated limitations.
Amendment 214 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. The law applicable to trust services, particularly with regard to disputes, shall be that of the Member State in which the person receiving the service is established unless otherwise jointly agreed by the service provider and recipient.
Amendment 215 #
Proposal for a regulation Article 9 a (new) Article 9a The agreements amongst the trust service providers or the qualified trust service providers and the authorities responsible for the notified identification scheme should set the liability limits.
Amendment 216 #
Proposal for a regulation Article 10 – title Amendment 217 #
Proposal for a regulation Article 10 – paragraph 1 1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if: (a) the qualified trust service provider fulfils the requirements laid down in this Regulation and has been accredited under a voluntary accreditation scheme established in a Member State; or (b) a qualified trust service provider established within the Union which fulfils the requirements laid down in this Regulation guarantees the compliance with the requirements of this Regulation; or (c) the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE.
Amendment 218 #
Proposal for a regulation Article 10 – paragraph 1 1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service provider established in the territory of the Union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE and if the third country in which they are established recognises as acceptable, under the principle of reciprocity, qualified trust services and qualified certificates from qualified trust service providers established in the European Union.
Amendment 219 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 220 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 221 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 222 #
Proposal for a regulation Article 10 – paragraph 2 2. With reference to paragraph 1, such agreements shall ensure that the requirements applicable to
Amendment 223 #
Proposal for a regulation Article 10 – paragraph 2 2. With reference to paragraph 1, the Commission shall verify that such agreements
Amendment 224 #
Proposal for a regulation Article 11 Amendment 225 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. Trust service providers shall provide users with information on the collection, communication and retention of their personal data.
Amendment 226 #
Proposal for a regulation Article 11 – paragraph 3 b (new) 3b. Trust service providers shall provide users with the means to check their personal data and exercise their data protection right.
Amendment 227 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4 a. Processing of personal data by or on behalf of the trust service provider, where strictly necessary to ensure network and information security for the purpose of complying with the requirements of Articles 11, 15, 16 and 19, shall be considered a legitimate interest in the meaning of point (f) of Article 7 of Directive 95/46/EC.
Amendment 228 #
Proposal for a regulation Article 12 – title Accessibility for persons with
Amendment 229 #
Proposal for a regulation Article 12 Trust services provided and end user products used in the provision of those services shall be made accessible for persons with
Amendment 230 #
Proposal for a regulation Article 12 Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever reasonably possible.
Amendment 231 #
Proposal for a regulation Article 13 – paragraphs 1 and 1 a (new) 1. Member States shall designate a
Amendment 232 #
Proposal for a regulation Article 13 – paragraph 1 1. Member States shall designate a
Amendment 233 #
Proposal for a regulation Article 13 – paragraph 1 1. Member States shall designate an appropriate body established in their territory or, upon mutual agreement
Amendment 234 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part 2. The supervisory body shall
Amendment 235 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part 2. The supervisory body shall
Amendment 236 #
Proposal for a regulation Article 13 – paragraph 2 – point a (a)
Amendment 237 #
Proposal for a regulation Article 13 – paragraph 2 – point a (a) monitoring trust service providers established in the territory of the designating Member State(s) to ensure that they fulfil the requirements laid down in Article 15;
Amendment 238 #
Proposal for a regulation Article 13 – paragraph 2 – point a (a)
Amendment 239 #
Proposal for a regulation Article 13 – paragraph 2 – point b Amendment 240 #
Proposal for a regulation Article 13 – paragraph 2 – point b (b)
Amendment 241 #
Proposal for a regulation Article 13 – paragraph 2 – point b (b) undertaking supervision of qualified trust service providers established in the territory of the designating Member State(s) and of the qualified trust services they provide in order to ensure that they and the qualified trust services provided by them meet the applicable requirements laid down in this Regulation;
Amendment 242 #
Proposal for a regulation Article 13 – paragraph 2 – point b (b) undertaking supervision of
Amendment 243 #
Proposal for a regulation Article 13 – paragraph 2 – point b a (new) (ba) if relevant pursuant to Article 10, that the trust service providers established in third countries and the trust services they provide fulfil the applicable requirements laid down in this Regulation;
Amendment 244 #
Proposal for a regulation Article 13 – paragraph 2 – point c Amendment 245 #
Proposal for a regulation Article 13 – paragraph 2 – point c (c) ensuring that relevant information and data referred to in point (g) of Article 19(2), and recorded by qualified trust service providers are preserved and kept accessible after the activities of a qualified trust service provider have ceased, for an appropriate time, in particular considering the validity period of the services, with a view to guaranteeing continuity of the service.
Amendment 246 #
Proposal for a regulation Article 13 – paragraph 2 a (new) 2a. For the purposes of ensuring continuity of the service, the supervisory body may adopt provisions on termination plans in cases where the qualified trust service providers cease their activities.
Amendment 247 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3.
Amendment 248 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3. Each supervisory body shall
Amendment 249 #
Proposal for a regulation Article 13 – paragraph 3 – point a Amendment 250 #
Proposal for a regulation Article 13 – paragraph 3 – point b Amendment 251 #
Proposal for a regulation Article 13 – paragraph 3 – point b (b) a
Amendment 252 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 253 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 254 #
Proposal for a regulation Article 13 – paragraph 3 a (new) 3a. The Commission shall make the annual report referred to in paragraph 3 available to Member States.
Amendment 255 #
Proposal for a regulation Article 13 – paragraph 4 Amendment 256 #
Proposal for a regulation Article 13 – paragraph 4 Amendment 257 #
Proposal for a regulation Article 13 – paragraph 4 4. Member States shall
Amendment 258 #
Proposal for a regulation Article 13 – paragraph 5 Amendment 259 #
Proposal for a regulation Article 13 – paragraph 6 6. The Commission may, by means of implementing acts, define the
Amendment 260 #
Proposal for a regulation Article 14 – paragraph 1 1. Supervisory bodies shall cooperate with a view to exchang
Amendment 261 #
Proposal for a regulation Article 14 – paragraph 1 1. Supervisory bodies shall cooperate with a view to exchang
Amendment 262 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2. A supervisory body to which a request for assistance is addressed may
Amendment 263 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2. A supervisory body
Amendment 264 #
Proposal for a regulation Article 14 – paragraph 2 – point a (a)
Amendment 265 #
Proposal for a regulation Article 14 – paragraph 2 – point a (a)
Amendment 266 #
Proposal for a regulation Article 14 – paragraph 2 – point a a (new) (aa) the requested assistance is not proportionate to standard supervisory activities of the supervisory body;
Amendment 267 #
Proposal for a regulation Article 14 – paragraph 2 – point b (b) compliance with the request would
Amendment 268 #
Proposal for a regulation Article 14 – paragraph 2 – point b (b)
Amendment 269 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 270 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 Where appropriate, supervisory bodies may carry out joint
Amendment 271 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 Amendment 272 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 273 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 274 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Trust service providers who are established in the territory of the Union shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide. Having regard to state of the art, these measures shall ensure that the level of security is appropriate to the degree of risk.
Amendment 275 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Trust service providers
Amendment 276 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Trust service providers who are established in the territory of the Union shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide. Having regard to
Amendment 277 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Trust service providers who are established in the territory of the Union or provide services in accordance with article 10 of this Regulation shall take appropriate technical and organisational measures to manage the risks posed to the security and resilience of the trust services they provide. Having regard to state of the art, these measures shall ensure
Amendment 278 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Without prejudice to Article 16(1),
Amendment 279 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Without prejudice to Article 16(1), any trust service provider
Amendment 280 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Without prejudice to Article 16(1), any trust service provider
Amendment 281 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Without prejudice to Article 16(1), any
Amendment 282 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 In case of a breach of the security of the network, the provider of a trust service must inform both signatories and relying parties and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies, including an indication of the likely costs involved. Trust service providers shall, without undue delay and where feasible not later than 24 hours after having become aware of it, notify, the competent supervisory body, the competent national body for information security and
Amendment 283 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 Trust service providers shall, without undue delay
Amendment 284 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 Trust service providers shall, without undue delay
Amendment 285 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 Trust service providers shall, without undue delay and where feasible not later than 24 hours after having become aware of it, and confirming that a breach has occurred, notify the competent supervisory body, the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein.
Amendment 286 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Where appropriate, in particular if a breach of security or loss of integrity concerns two or more Member States, the notified supervisory body
Amendment 287 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Where appropriate, in particular if a breach of security or loss of integrity concerns two or more Member States, the supervisory body concerned shall inform supervisory bodies in
Amendment 288 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 3 The supervisory body concerned
Amendment 289 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 3 The supervisory body concerned, in consultation with the trust service provider, may also inform the public or require the trust service provider to do so, where it determines that disclosure of the breach is in the public interest.
Amendment 290 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 3 The notified supervisory body
Amendment 291 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 292 #
Proposal for a regulation Article 15 – paragraph 3 3. The supervisory body shall provide the European Network and Information Security Agency (ENISA) and the Commission once a year with a summary of breach notifications received from trust service providers.
Amendment 293 #
Proposal for a regulation Article 15 – paragraph 4 4. In order to implement paragraphs 1 and 2, the competent supervisory body shall have the power to issue binding instructions to trust service providers. The supervisory body should coordinate these binding instructions with other relevant regulatory bodies that supervise the trust service provider's activities other than the trust service provision.
Amendment 294 #
Proposal for a regulation Article 15 – paragraph 4 4. In order to implement paragraphs 1 and 2, the
Amendment 295 #
Proposal for a regulation Article 15 – paragraph 4 4. In order to implement paragraphs 1 and 2, the competent supervisory body shall have the power to issue binding instructions to trust service providers. All such instructions must be published.
Amendment 296 #
Proposal for a regulation Article 15 – paragraph 4 4. In order to
Amendment 297 #
Proposal for a regulation Article 15 – paragraph 4 a (new) 4a. If the provisions laid down in this article are not sufficiently implementable in a particular technological context, the Commission or any other stakeholder may request a clarification through the mechanism for adoption of technological requirements laid out in Chapter IIIa.
Amendment 298 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 299 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 300 #
Proposal for a regulation Article 15 – paragraph 5 5. The Commission
Amendment 301 #
Proposal for a regulation Article 15 – paragraph 6 Amendment 302 #
Proposal for a regulation Article 15 – paragraph 6 Amendment 303 #
Proposal for a regulation Article 15 – paragraph 6 6. The Commission may, by means of implementing acts, define the
Amendment 304 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 305 #
Proposal for a regulation Article 16 – paragraph 1 1. Qualified trust service providers shall be audited by a recognised independent body
Amendment 306 #
Proposal for a regulation Article 16 – paragraph 1 1. Qualified trust service providers shall be audited by a recognised independent body once a year to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this Regulation, and shall submit the resulting security audit report to the supervisory body. If, after three years of existence, the annual audit reports raise no concerns, the audits referred to in this paragraph shall be carried out every two years only.
Amendment 307 #
Proposal for a regulation Article 16 – paragraph 1 1. Qualified trust service providers shall be audited
Amendment 308 #
Proposal for a regulation Article 16 – paragraph 1 1. Qualified trust service providers shall be audited by a
Amendment 309 #
Proposal for a regulation Article 16 – paragraph 2 2. Without prejudice to paragraph 1, the supervisory body may at any time audit the qualified trust service providers to confirm that they and the qualified trust services provided by them
Amendment 310 #
Proposal for a regulation Article 16 – paragraph 2 2. Without prejudice to paragraph 1, in case of substantiated doubts, the supervisory body may at any time audit the qualified trust service providers to confirm that they and the qualified trust services provided by them still meet the conditions set out in this Regulation, either on its own initiative or in response to a request from
Amendment 311 #
Proposal for a regulation Article 16 – paragraph 2 2. Without prejudice to paragraph 1, the supervisory body may at any time audit the
Amendment 312 #
Proposal for a regulation Article 16 – paragraph 3 3. The supervisory body shall have the power to
Amendment 313 #
Proposal for a regulation Article 16 – paragraph 3 3. The supervisory body shall have the power to issue binding instructions to qualified trust service providers to remedy any failure to fulfil the requirements
Amendment 314 #
Proposal for a regulation Article 16 – paragraph 3 3. The supervisory body shall have the power to issue binding instructions to
Amendment 315 #
Proposal for a regulation Article 16 – paragraph 4 Amendment 316 #
Proposal for a regulation Article 16 – paragraph 4 4. With reference to paragraph 3, if the qualified trust service provider does not remedy any such failure within a time limit
Amendment 317 #
Proposal for a regulation Article 16 – paragraph 5 Amendment 318 #
Proposal for a regulation Article 16 – paragraph 6 Amendment 319 #
Proposal for a regulation Article 16 – paragraph 6 6. The Commission may, by means of implementing acts, define the
Amendment 320 #
Proposal for a regulation Article 17 Amendment 321 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 322 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 323 #
Proposal for a regulation Article 17 – paragraph 1 1. Qualified trust service providers shall notify the supervisory body of their intention to start providing a qualified trust service and shall submit to the supervisory body a security audit report carried out by a recognised independent body, as provided for in Article 16(1). Qualified trust service providers may start to provide the qualified trust service after they have submitted the
Amendment 324 #
Proposal for a regulation Article 17 – paragraph 2 2. Once the relevant documents are submitted
Amendment 325 #
Proposal for a regulation Article 17 – paragraph 2 2.
Amendment 326 #
Proposal for a regulation Article 17 – paragraph 2 2. Once the relevant documents are submitted to the supervisory body according to paragraph 1, the qualified service providers shall be included in the
Amendment 327 #
Proposal for a regulation Article 17 – paragraph 3 – subparagraph 1 Amendment 328 #
Proposal for a regulation Article 17 – paragraph 3 – subparagraph 1 The supervisory body shall verify the compliance of the trust service provider and of the trust services provided by it with the requirements of this Regulation, in particular with the requirements provided for qualified trust services provider
Amendment 329 #
Proposal for a regulation Article 17 – paragraph 3 – subparagraph 2 Amendment 330 #
Proposal for a regulation Article 17 – paragraph 3 – subparagraph 2 The supervisory body shall indicate the qualified status of the qualified service providers and the qualified trust services they provide in the trusted lists after the positive conclusion of the verification
Amendment 331 #
Proposal for a regulation Article 17 – paragraph 3 – subparagraph 3 If the verification is not concluded within one month, the supervisory body shall inform the qualified trust service provider specifying the reasons of the delay and the period by which the verification shall be concluded. If the trust service provider has submitted the relevant documentation, the verification shall be concluded within a maximum period of nine months from the date of notification.
Amendment 332 #
Proposal for a regulation Article 17 – paragraph 3 – subparagraph 3 If the verification is not concluded within one month, the supervisory body shall inform the qualified trust service provider specifying the reasons of the delay and the period by which the verification shall be concluded. The total period may not exceed 3 months.
Amendment 333 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 334 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 335 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 336 #
Proposal for a regulation Article 17 – paragraph 5 5. The Commission may, by means of implementing acts, define the
Amendment 337 #
Proposal for a regulation Article 18 Amendment 338 #
Proposal for a regulation Article 18 – paragraph 2 2. Member States shall establish, maintain and publish, in a secure manner, electronically signed or sealed trusted lists provided for in paragraph 1 in a form suitable for automated processing of both the list itself as well as the individual certificates.
Amendment 339 #
Proposal for a regulation Article 18 – paragraph 5 Amendment 340 #
Proposal for a regulation Article 18 – paragraph 6 6. The Commission may, by means of implementing acts, specify the information referred to in paragraph and define the technical specifications and formats for trusted lists applicable for the purposes of paragraphs 1 to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 342 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 When issuing a qualified certificate, a qualified trust service provider shall verify, by appropriate means and in accordance with national and Union law, the identity and, if applicable, any specific attributes of the natural or legal person to whom a qualified certificate is issued.
Amendment 343 #
Proposal for a regulation Article 19 – paragraph 2 – point b (b)
Amendment 344 #
Proposal for a regulation Article 19 – paragraph 2 – point c (c) before entering into a contractual relationship, inform any person seeking to use a qualified trust service of the precise terms and conditions regarding the use of that service, as well as the liability limits, in a clear and transparent manner;
Amendment 345 #
Proposal for a regulation Article 19 – paragraph 2 – point d (d) use
Amendment 346 #
Proposal for a regulation Article 19 – paragraph 2 – point e – introductory part (e) use
Amendment 347 #
Proposal for a regulation Article 19 – paragraph 2 – point e – indent 1 – they are publicly available for retrieval only where national or Union law allows for this or where the consent of the person to whom the data has been issued has been obtained,
Amendment 348 #
Proposal for a regulation Article 19 – paragraph 2 – point g (g) record for an appropriate period of time, regardless of whether the qualified trust service provider has ceased to provide qualified trust services, 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. Such recording may be done electronically;
Amendment 349 #
Proposal for a regulation Article 19 – paragraph 2 – point i a (new) (ia) refuse to provide services for activities they know to be illegal.
Amendment 350 #
Proposal for a regulation Article 19 – paragraph 3 3. Qualified trust service providers issuing qualified certificates shall register in their certificate database the revocation of the certificate with
Amendment 351 #
Proposal for a regulation Article 19 – paragraph 4 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 any time at least on a certificate basis in an automated manner
Amendment 352 #
Proposal for a regulation Article 19 – paragraph 5 5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. Compliance with the requirements laid down in Article 19 shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
Amendment 353 #
Proposal for a regulation Article 19 – paragraph 5 5. The Commission may, by means of implementing acts, establish reference numbers of standards for
Amendment 354 #
Proposal for a regulation Article 19 – paragraph 5 5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products. Compliance with the requirements laid down in Article 19 shall be
Amendment 355 #
Proposal for a regulation Article 20 – paragraph 2 2. A qualified electronic signature shall
Amendment 51 #
Proposal for a regulation Recital 1 (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 administrations hesitate to carry out transactions electronically and to adopt new services.
Amendment 52 #
Proposal for a regulation Recital 2 (2) This Regulation seeks to enhance trust in electronic transactions in the internal market by
Amendment 53 #
Proposal for a regulation Recital 3 (3) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, essentially covered electronic signatures without delivering a comprehensive cross- border and cross-sector framework for secure, trustworthy and easy-to-use electronic transactions. This Regulation
Amendment 54 #
Proposal for a regulation Recital 5 (5) 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
Amendment 55 #
Proposal for a regulation Recital 6 (6) 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 authentication or identification, electronic documents, electronic signatures and electronic delivery services, and for interoperable eGovernment services across the European Union.
Amendment 56 #
Proposal for a regulation Recital 7 a (new) (7a) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)1 calls on the Commission to adopt measures were required to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity2 and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications3. The European multi-stakeholder platform on ICT standardisation established through Commission Decision of 28 November 2011 setting up the European multi- stakeholder platform on ICT standardisation4 further seems a plausible agent to use for such purposes to the extent that data protection authorities and the European Data Protection Board are adequately resourced to participate in standardisation procedures which relate to information and communication technologies dealing with personal data as defined in 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 data5. _________________ 1 OJ L 201, 31.7.2002, p. 37. 2 OJ L 91, 7.4.1999, p. 10. 3 OJ L 36, 7.2.1987, p. 31. 4 OJ C 349, 30.11.2011, p. 4. 5 OJ L 281, 23.11.1995, p. 31.
Amendment 57 #
Proposal for a regulation Recital 8 (8) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market requests Member States to establish
Amendment 58 #
Proposal for a regulation Recital 9 (9) In most cases service providers from another Member State cannot use their electronic authentication or identification to access these
Amendment 59 #
Proposal for a regulation Recital 12 (12) Member States should remain free to use or introduce means, for electronic authentication or identification purposes, for accessing online services. They should also be able to decide whether to involve the private sector in the provision of these means. Member States should not be obliged to notify their electronic identification schemes. The choice to either notify all,
Amendment 60 #
Proposal for a regulation Recital 13 (13) Some conditions need to be set in the Regulation with regard to which electronic authentication or identification means have to be accepted and how the schemes should be notified. These should help Member States to build the necessary trust in each other's electronic identification schemes and to mutually recognise and accept electronic identification means falling under their notified schemes. The principle of mutual recognition and acceptance should apply if the notifying Member State meets the conditions of notification and the notification was published in the Official Journal of the European Union. However, the access to these online services and their final delivery to the applicant should be closely linked to the right to receive such services under the conditions set by national legislation.
Amendment 61 #
Proposal for a regulation Recital 14 (14) Member States should be able to
Amendment 62 #
Proposal for a regulation Recital 15 (15) The cross border use of electronic identification means under a notified
Amendment 63 #
Proposal for a regulation Recital 15 (15) The cross border use of electronic identification means under a notified scheme requires Member States to cooperate in providing technical interoperability in accordance with the principle of technological neutrality. This rules out any specific national technical rules requiring non-
Amendment 64 #
Proposal for a regulation Recital 16 (16) Cooperation of Member States should serve the technical interoperability of the notified electronic identification schemes with a view to foster 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, particularly on e-services considered as having significant cross- border relevance, with a view to their mutual recognition should help such cooperation.
Amendment 65 #
Proposal for a regulation Recital 16 (16) Cooperation of Member States should serve the technical interoperability of the notified electronic authentication or identification schemes with a view to foster 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.
Amendment 66 #
Proposal for a regulation Recital 17 (17) This Regulation should also establish a general legal framework for the use of electronic trust services
Amendment 67 #
Proposal for a regulation Recital 19 (19) Member States should remain free to define other types of trust services in addition to those making part of the closed
Amendment 68 #
Proposal for a regulation Recital 22 Amendment 69 #
Proposal for a regulation Recital 22 (22) To enhance people's trust 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 to ensure high-level security of whatever qualified trust services and products are used or provided. Both qualified and advanced electronic signatures may be legally equivalent to handwritten signatures. Nothing in this Regulation should limit the ability of any natural or legal person to demonstrate with evidence the non-reliability of any form of electronic signature. However, in the case of a qualified electronic signature the burden of proof when questioning the identity of the signatory should rest with the contesting party.
Amendment 70 #
Proposal for a regulation Recital 23 (23) In line with the obligations under the UN Convention on the Rights of Persons
Amendment 71 #
Proposal for a regulation Recital 24 a (new) (24a) A trust service provider operates in a particularly sensitive environment where many other parties rely on the integrity of their services. In particular, it is presumed by its customers that they are always trustworthy. Therefore it is important that they avoid conflicts of interest. In the interest of good governance within the context of electronic signatures and electronic identification, trust service providers should not in general be operated or owned by entities providing services that require their trust services. Over-sight shall be provided by a competent supervisory body.
Amendment 72 #
Proposal for a regulation Recital 25 (25)
Amendment 73 #
Proposal for a regulation Recital 28 (28) All Member States should follow common essential supervision requirements to ensure a comparable security level of
Amendment 74 #
Proposal for a regulation Recital 29 (29) Notification of security breaches in accordance with Directive 95/46/EC 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.
Amendment 75 #
Proposal for a regulation Recital 31 (31) To enable the Commission and the Member States to assess the impact of this Regulation, supervisory bodies should be requested to provide statistics on and the use of
Amendment 76 #
Proposal for a regulation Recital 33 (33) To ensure sustainability and durability of
Amendment 77 #
Proposal for a regulation Recital 33 (33) To ensure sustainability and durability of qualified trust services and to boost users
Amendment 78 #
Proposal for a regulation Recital 34 (34) To facilitate the supervision of
Amendment 79 #
Proposal for a regulation Recital 35 (35) It is the responsibility of trust service providers to meet the requirements set out in this Regulation for the provisioning of trust services, in particular for
Amendment 80 #
Proposal for a regulation Recital 36 (36) In order to allow an efficient initiation process, which should lead to the inclusion of
Amendment 81 #
Proposal for a regulation Recital 37 Amendment 82 #
Proposal for a regulation Recital 38 (38) Once it has been subject to a notification, a
Amendment 83 #
Proposal for a regulation Recital 38 a (new) Amendment 84 #
Proposal for a regulation Recital 40 (40) It should be possible to entrust
Amendment 85 #
Proposal for a regulation Recital 41 (41) To ensure legal certainty on the validity of the signature it is essential to detail which components of a
Amendment 86 #
Proposal for a regulation Recital 42 Amendment 87 #
Proposal for a regulation Recital 43 Amendment 88 #
Proposal for a regulation Recital 43 (43) Electronic seals and/or stamps should serve as evidence that an electronic document was issued by a legal person, ensuring certainty of the document's
Amendment 89 #
Proposal for a regulation Recital 44 Amendment 90 #
Proposal for a regulation Recital 46 Amendment 91 #
Proposal for a regulation Recital 47 Amendment 92 #
Proposal for a regulation Recital 49 Amendment 93 #
Proposal for a regulation Recital 51 (51) 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 which use would give a presumption of compliance with certain requirements laid down in this Regulation or defined in delegated acts. Those powers should be exercised, after a transparent stakeholder consultation, in accordance with 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.
Amendment 94 #
Proposal for a regulation Recital 53 (53) To ensure legal certainty to the market operators already using
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules for certain electronic authentication or identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market.
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules for electronic identification and
Amendment 97 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation lays down the conditions under which Member States shall recognise and accept electronic authentication or identification means
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation establishes a legal framework for certain electronic signatures,
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents
source: PE-510.784
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activities/7/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/7/committees/2/shadows/3/group |
Old
ECRNew
ECR |
committees/2/shadows/0/group |
Old
PPENew
PPE |
committees/2/shadows/1/group |
Old
ALDENew
ALDE |
committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/2/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/2/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/2/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/2/committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/6/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/6/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/6/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/6/committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/7/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/7/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/7/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/7/committees/2/shadows/3/group |
Old
ECRNew
ECR |
committees/2/shadows/0/group |
Old
PPENew
PPE |
committees/2/shadows/1/group |
Old
ALDENew
ALDE |
committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/2/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/2/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/2/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/2/committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/6/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/6/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/6/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/6/committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/7/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/7/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/7/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/7/committees/2/shadows/3/group |
Old
ECRNew
ECR |
committees/2/shadows/0/group |
Old
PPENew
PPE |
committees/2/shadows/1/group |
Old
ALDENew
ALDE |
committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/2/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/2/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/2/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/2/committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/6/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/6/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/6/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/6/committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/7/committees/2/shadows/0/group |
Old
PPENew
PPE |
activities/7/committees/2/shadows/1/group |
Old
ALDENew
ALDE |
activities/7/committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
activities/7/committees/2/shadows/3/group |
Old
ECRNew
ECR |
committees/2/shadows/0/group |
Old
PPENew
PPE |
committees/2/shadows/1/group |
Old
ALDENew
ALDE |
committees/2/shadows/2/group |
Old
Verts/ALENew
Verts/ALE |
committees/2/shadows/3/group |
Old
ECRNew
ECR |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/2/committees/1/date |
2012-06-21T00:00:00
|
activities/2/committees/1/rapporteur |
|
activities/2/committees/2/date |
2012-07-03T00:00:00
|
activities/2/committees/2/rapporteur |
|
activities/2/committees/2/shadows |
|
activities/2/committees/3/date |
2012-12-11T00:00:00
|
activities/2/committees/3/rapporteur |
|
activities/2/committees/4/date |
2012-09-20T00:00:00
|
activities/2/committees/4/rapporteur |
|
activities/6/committees/1/date |
2012-06-21T00:00:00
|
activities/6/committees/1/rapporteur |
|
activities/6/committees/2/date |
2012-07-03T00:00:00
|
activities/6/committees/2/rapporteur |
|
activities/6/committees/2/shadows |
|
activities/6/committees/3/date |
2012-12-11T00:00:00
|
activities/6/committees/3/rapporteur |
|
activities/6/committees/4/date |
2012-09-20T00:00:00
|
activities/6/committees/4/rapporteur |
|
activities/7/committees/1/date |
2012-06-21T00:00:00
|
activities/7/committees/1/rapporteur |
|
activities/7/committees/2/date |
2012-07-03T00:00:00
|
activities/7/committees/2/rapporteur |
|
activities/7/committees/2/shadows |
|
activities/7/committees/3/date |
2012-12-11T00:00:00
|
activities/7/committees/3/rapporteur |
|
activities/7/committees/4/date |
2012-09-20T00:00:00
|
activities/7/committees/4/rapporteur |
|
committees/1/date |
2012-06-21T00:00:00
|
committees/1/rapporteur |
|
committees/2/date |
2012-07-03T00:00:00
|
committees/2/rapporteur |
|
committees/2/shadows |
|
committees/3/date |
2012-12-11T00:00:00
|
committees/3/rapporteur |
|
committees/4/date |
2012-09-20T00:00:00
|
committees/4/rapporteur |
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/2/committees/1/date |
2012-06-21T00:00:00
|
activities/2/committees/1/rapporteur |
|
activities/2/committees/2/date |
2012-07-03T00:00:00
|
activities/2/committees/2/rapporteur |
|
activities/2/committees/2/shadows |
|
activities/2/committees/3/date |
2012-12-11T00:00:00
|
activities/2/committees/3/rapporteur |
|
activities/2/committees/4/date |
2012-09-20T00:00:00
|
activities/2/committees/4/rapporteur |
|
activities/6/committees/1/date |
2012-06-21T00:00:00
|
activities/6/committees/1/rapporteur |
|
activities/6/committees/2/date |
2012-07-03T00:00:00
|
activities/6/committees/2/rapporteur |
|
activities/6/committees/2/shadows |
|
activities/6/committees/3/date |
2012-12-11T00:00:00
|
activities/6/committees/3/rapporteur |
|
activities/6/committees/4/date |
2012-09-20T00:00:00
|
activities/6/committees/4/rapporteur |
|
activities/7/committees/1/date |
2012-06-21T00:00:00
|
activities/7/committees/1/rapporteur |
|
activities/7/committees/2/date |
2012-07-03T00:00:00
|
activities/7/committees/2/rapporteur |
|
activities/7/committees/2/shadows |
|
activities/7/committees/3/date |
2012-12-11T00:00:00
|
activities/7/committees/3/rapporteur |
|
activities/7/committees/4/date |
2012-09-20T00:00:00
|
activities/7/committees/4/rapporteur |
|
committees/1/date |
2012-06-21T00:00:00
|
committees/1/rapporteur |
|
committees/2/date |
2012-07-03T00:00:00
|
committees/2/rapporteur |
|
committees/2/shadows |
|
committees/3/date |
2012-12-11T00:00:00
|
committees/3/rapporteur |
|
committees/4/date |
2012-09-20T00:00:00
|
committees/4/rapporteur |
|
procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 150
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/celexid |
CELEX:52012PC0238:EN
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/celexid |
CELEX:52012PC0238:EN
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
procedure/selected_topics |
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/10/docs/0/text |
|
activities/1/docs |
|
activities/1/text |
|
activities/3/docs |
|
activities/5/docs |
|
activities/5/text |
|
activities/8/docs |
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/1/docs |
|
activities/1/text |
|
activities/3/docs |
|
activities/5/docs |
|
activities/5/text |
|
activities/8/docs |
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/10/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0282
|
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/9/docs |
|
procedure/stage_reached |
Old
Awaiting Council 1st reading position / budgetary conciliation convocationNew
Provisional agreement between Parliament and Council on final act |
activities/10 |
|
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting Council 1st reading position / budgetary conciliation convocation |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/10 |
|
activities/0/docs/0/url |
Old
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/9/type |
Old
Debate scheduledNew
Debate in Parliament |
activities/10/type |
Old
Vote in plenary scheduledNew
Vote scheduled |
activities/9/type |
Old
Debate in plenary scheduledNew
Debate scheduled |
activities/0/docs/0/url |
Old
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238New
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238 |
activities/0/docs/0/url |
Old
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0238New
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=238 |
activities/0/docs/0/url |
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PURPOSE: to enhance trust in electronic transactions in the internal market and ensure the mutual recognition of electronic identification, authentication, signatures and other trust services across borders. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: building trust in the online environment is key to economic development. The existing EU legislation, namely Directive 1999/93/EC on a Community framework for electronic signatures, essentially covers electronic signatures only. There is no comprehensive EU cross-border and cross-sector framework for secure, trustworthy and easy-to-use electronic transactions that encompasses electronic identification, authentication and signatures. The Digital Agenda for Europe identifies existing barriers to Europes digital development and proposes legislation on e-signatures and the mutual recognition of eIdentification and authentication, establishing a clear legal framework so as to eliminate fragmentation and the lack of interoperability, enhance digital citizenship and prevent cybercrime. Legislation ensuring the mutual recognition of electronic identification and authentication across the EU is also a key action in the Single Market Act, as well as the Roadmap for Stability and Growth. The European Parliament 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. The aim of this proposal is to enhance existing legislation and to expand it to cover the mutual recognition and acceptance at EU level of notified electronic identification schemes and other essential related electronic trust services. IMPACT ASSESSMENT: three sets of policy options were assessed, dealing respectively with (1) the scope of the new framework, (2) the legal instrument and (3) the level of supervision required. The preferred policy option proved to be enhancing legal certainty, boosting coordination of national supervision, ensuring mutual recognition and acceptance of electronic identification schemes and incorporating essential related trust services. The impact assessment concluded that doing this would lead to considerable improvements to legal certainty, security and trust in terms of cross-border electronic transactions, resulting in less fragmentation of the market. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed regulation seeks to enable secure and seamless electronic interactions between businesses, citizens and public authorities, thereby increasing the effectiveness of public and private online services, e-business and electronic commerce in the EU. The main points of the proposal are as follows: 1) Electronic identification: the proposal provides for the mutual recognition and acceptance of electronic identification means falling under a scheme, which will be notified, to the Commission on the conditions laid down in the Regulation. It does not oblige Member States to introduce or notify electronic identification schemes, but to recognise and accept notified electronic identifications for those online services where electronic identification is required to get access at national level. Electronic identification schemes shall be eligible for notification if all five of the following conditions are met: · the electronic identification means are issued by, on behalf of or under the responsibility of the notifying Member State; · the electronic identification means can be used to access at least public services requiring electronic identification in the notifying Member State; · Member States must ensure an unambiguous link between the electronic identification data and the person concerned; · the notifying Member State ensures the availability of an authentication possibility online, at any time and free of charge. No specific technical requirements, such as hardware or software can be imposed on the parties relying on such authentication; · Member States must accept liability for the unambiguity of the link (i.e. that the identification data attributed to the person are not linked to any other person) and the authentication possibility (i.e. the possibility to check the validity of the electronic identification data). The proposal also aims to ensure the technical interoperability of the notified identification schemes through a coordination approach, including delegated acts. 2) Trust services: the proposal sets out the principles relating to the liability of both non-qualified and qualified trust service providers. It builds on Directive 1999/93/EC and extends entitlement to compensation of damage caused by any negligent trust service provider for failure to comply with security good practices which result in a security breach which has a significant impact on the service. It also describes the mechanism for the recognition and acceptance of qualified trust services provided by a provider established in a third country. 3) Supervision: the proposal (i) requires Member States to establish supervisory bodies, clarifying and enlarging the remit of the latter with regard to both trust service providers and qualified trust service providers; (ii) introduces an explicit mechanism of mutual assistance between supervisory bodies in Member States to facilitate the cross-border supervision of trust service providers; (iii) introduces an obligation for both qualified and non-qualified trust service providers to implement appropriate technical and organisational measures for the security of their activities ; (iv) sets out the conditions for the supervision of qualified trust service providers and qualified trust services provided by them ; (v) provides for the establishment of trusted lists containing information on qualified trust service providers who are subject to supervision and to the qualified services they offer. 4) Electronic signature: the proposal enshrines the rules related to the legal effect of natural persons electronic signatures, introducing an explicit obligation to give to qualified electronic signatures the same legal effect as handwritten signatures. Furthermore, Member States must ensure the cross-border acceptance of qualified electronic signatures, in the context of the provision of public services. The proposal also sets out: the requirements for qualified signature certificates and the requirements for qualified electronic signature creation devices; the conditions for qualified validation services, and the condition for the long-term preservation of qualified electronic signatures. 5) Electronic seals: the provisions concern the legal effect of electronic seals of legal persons. A specific legal presumption is bestowed on a qualified electronic seal which guarantees the origin and integrity of electronic documents to which it is linked. 6) Electronic time stamp: a specific legal presumption is bestowed on qualified electronic time stamps with regard to the certainty of the time. 7) Electronic documents: there is a specific legal presumption of the authenticity and integrity of any electronic document signed with a qualified electronic signature or bearing a qualified electronic seal. With regard to the acceptance of electronic documents, when an original document or a certified copy is required for the provision of a public service, at the least electronic documents issued by the persons who are competent to issue the relevant documents and that are considered to be originals or certified copies in accordance with national law of the Member State of origin, shall be accepted in other Member States without additional requirements. 8) Website authentication: the proposal ensures that the authenticity of a website with respect to the owner of the site will be guaranteed. BUDGETARY IMPLICATION: EUR 9 408 million for the period 2014-2020 (human resources). The specific budgetary implications of the proposal relate to the tasks allocated to the European Commission. The proposal has no implications on operational expenditure. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU. New
PURPOSE: to enhance trust in electronic transactions in the internal market and ensure the mutual recognition of electronic identification, authentication, signatures and other trust services across borders. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: building trust in the online environment is key to economic development. The existing EU legislation, namely Directive 1999/93/EC on a Community framework for electronic signatures, essentially covers electronic signatures only. There is no comprehensive EU cross-border and cross-sector framework for secure, trustworthy and easy-to-use electronic transactions that encompasses electronic identification, authentication and signatures. The Digital Agenda for Europe identifies existing barriers to Europes digital development and proposes legislation on e-signatures and the mutual recognition of eIdentification and authentication, establishing a clear legal framework so as to eliminate fragmentation and the lack of interoperability, enhance digital citizenship and prevent cybercrime. Legislation ensuring the mutual recognition of electronic identification and authentication across the EU is also a key action in the Single Market Act, as well as the Roadmap for Stability and Growth. The European Parliament 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. The aim of this proposal is to enhance existing legislation and to expand it to cover the mutual recognition and acceptance at EU level of notified electronic identification schemes and other essential related electronic trust services. IMPACT ASSESSMENT: three sets of policy options were assessed, dealing respectively with (1) the scope of the new framework, (2) the legal instrument and (3) the level of supervision required. The preferred policy option proved to be enhancing legal certainty, boosting coordination of national supervision, ensuring mutual recognition and acceptance of electronic identification schemes and incorporating essential related trust services. The impact assessment concluded that doing this would lead to considerable improvements to legal certainty, security and trust in terms of cross-border electronic transactions, resulting in less fragmentation of the market. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed regulation seeks to enable secure and seamless electronic interactions between businesses, citizens and public authorities, thereby increasing the effectiveness of public and private online services, e-business and electronic commerce in the EU. The main points of the proposal are as follows: 1) Electronic identification: the proposal provides for the mutual recognition and acceptance of electronic identification means falling under a scheme, which will be notified, to the Commission on the conditions laid down in the Regulation. It does not oblige Member States to introduce or notify electronic identification schemes, but to recognise and accept notified electronic identifications for those online services where electronic identification is required to get access at national level. Electronic identification schemes shall be eligible for notification if all five of the following conditions are met: · the electronic identification means are issued by, on behalf of or under the responsibility of the notifying Member State; · the electronic identification means can be used to access at least public services requiring electronic identification in the notifying Member State; · Member States must ensure an unambiguous link between the electronic identification data and the person concerned; · the notifying Member State ensures the availability of an authentication possibility online, at any time and free of charge. No specific technical requirements, such as hardware or software can be imposed on the parties relying on such authentication; · Member States must accept liability for the unambiguity of the link (i.e. that the identification data attributed to the person are not linked to any other person) and the authentication possibility (i.e. the possibility to check the validity of the electronic identification data). The proposal also aims to ensure the technical interoperability of the notified identification schemes through a coordination approach, including delegated acts. 2) Trust services: the proposal sets out the principles relating to the liability of both non-qualified and qualified trust service providers. It builds on Directive 1999/93/EC and extends entitlement to compensation of damage caused by any negligent trust service provider for failure to comply with security good practices which result in a security breach which has a significant impact on the service. It also describes the mechanism for the recognition and acceptance of qualified trust services provided by a provider established in a third country. 3) Supervision: the proposal (i) requires Member States to establish supervisory bodies, clarifying and enlarging the remit of the latter with regard to both trust service providers and qualified trust service providers; (ii) introduces an explicit mechanism of mutual assistance between supervisory bodies in Member States to facilitate the cross-border supervision of trust service providers; (iii) introduces an obligation for both qualified and non-qualified trust service providers to implement appropriate technical and organisational measures for the security of their activities ; (iv) sets out the conditions for the supervision of qualified trust service providers and qualified trust services provided by them ; (v) provides for the establishment of trusted lists containing information on qualified trust service providers who are subject to supervision and to the qualified services they offer. 4) Electronic signature: the proposal enshrines the rules related to the legal effect of natural persons electronic signatures, introducing an explicit obligation to give to qualified electronic signatures the same legal effect as handwritten signatures. Furthermore, Member States must ensure the cross-border acceptance of qualified electronic signatures, in the context of the provision of public services. The proposal also sets out: the requirements for qualified signature certificates and the requirements for qualified electronic signature creation devices; the conditions for qualified validation services, and the condition for the long-term preservation of qualified electronic signatures. 5) Electronic seals: the provisions concern the legal effect of electronic seals of legal persons. A specific legal presumption is bestowed on a qualified electronic seal which guarantees the origin and integrity of electronic documents to which it is linked. 6) Electronic time stamp: a specific legal presumption is bestowed on qualified electronic time stamps with regard to the certainty of the time. 7) Electronic documents: there is a specific legal presumption of the authenticity and integrity of any electronic document signed with a qualified electronic signature or bearing a qualified electronic seal. With regard to the acceptance of electronic documents, when an original document or a certified copy is required for the provision of a public service, at the least electronic documents issued by the persons who are competent to issue the relevant documents and that are considered to be originals or certified copies in accordance with national law of the Member State of origin, shall be accepted in other Member States without additional requirements. 8) Website authentication: the proposal ensures that the authenticity of a website with respect to the owner of the site will be guaranteed. BUDGETARY IMPLICATION: EUR 9 408 million for the period 2014-2020 (human resources). The specific budgetary implications of the proposal relate to the tasks allocated to the European Commission. The proposal has no implications on operational expenditure. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU. |
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The Commission presented to ministers a new draft regulation to enable cross-border and secure electronic transactions in the EU, adopted on 4 June 2012. The draft regulation:
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The Commission presented to ministers a new draft regulation to enable cross-border and secure electronic transactions in the EU, adopted on 4 June 2012. The draft regulation:
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Economic and Social Committee
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Internal Market and Consumer Protection (Associated committee) |
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Industry, Research and EnergyNew
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COD - Ordinary legislative procedure (ex-codecision procedure) |
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activities/2/committees/3/date |
2012-12-11T00:00:00
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2012-09-20T00:00:00
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2012-09-20T00:00:00
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Information Society and MediaNew
Communications Networks, Content and Technology |
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http://ec.europa.eu/dgs/connect/index_en.htm |
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Information Society and MediaNew
Communications Networks, Content and Technology |
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CELEX:52012PC0238:EN
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2012-06-21T00:00:00
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2012-07-03T00:00:00
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2012-06-21T00:00:00
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http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0135:FIN:EN:PDF |
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http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0136:FIN:EN:PDF
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