Activities of Phil PRENDERGAST related to 2012/0146(COD)
Shadow opinions (1)
OPINION 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
Amendments (23)
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to electronic identification provided by, on behalf or under the responsibility of, mandated or recognised by Member States and to trust service providers establishedoperating in the Union.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation does not apply to aspects related toapplies without prejudice to national or Union law as regards the conclusion and validity of contracts orand other legal obligations where there are requirements as regards form prescribed by national or Union lawof form.
Amendment 87 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘authentication’ means an electronic process that allows the validation of the electronic identification of a natural or legal person; or of the origin and integrity of an electronic data;
Amendment 88 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 – point b
Article 3 – paragraph 1 – point 7 – point b
(b) it is capable of idencertifying the identity of the signatory;
Amendment 89 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 – point d
Article 3 – paragraph 1 – point 7 – point d
(d) it is linked to the data to which it relatessigned therewith in such a way that any subsequent change in the data is detectable;
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘qualified trust service’ means a trust service that meets the applicable requirements provided forlaid down in this Regulation;
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21 – point d
Article 3 – paragraph 1 – point 21 – point d
(d) it is linked to the data tohe origin and integrity of which it relateattests in such a way that any subsequent change in the data is detectable;
Amendment 104 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
When an electronic identification using an electronic identification means and authentication is requiredavailable under national legislation or administrative practice to access a service online, any electronic identification means issued in another Member State falling under a scheme included in the list published by the Commission pursuant to the procedure referred to in Article 7 shall be recognised and accepted for the purposes of accessing this service, provided the service is not limited to residents of a Member State or of a territorial unit thereof.
Amendment 106 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the electronic identification means are issued by, on behalf of or under the responsibility of, mandated or recognised by the notifying Member State;
Amendment 108 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the electronic identification means can be used to access at least public services requiringwhich accept electronic identification in the notifying Member State;
Amendment 111 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the notifying Member State ensures the availability of an online authentication possibility onlininterface, at any time and free of charge so that any relying party can validate the person identification data received in electronic form. Member States shall not impose aAny specific technical requirements on relying parties established outside of their territory intending to carry out such authenticationnecessitated for security purposes which are imposed by Member States on relying parties intending to carry out such authentication may carry a fee not exceeding cost and shall not discriminate against relying parties established outside of their territory. When either the notified identification scheme or authentication possibilitysystem is breached or partly compromised, Member States shall suspend or revoke without delay the notified identification scheme or authentication possibilitysystem or the compromised parts concerned and inform the other Member States and the Commission pursuant to Article 7;
Amendment 115 #
Proposal for a regulation
Article 6 – paragraph 1 – point e – point ii
Article 6 – paragraph 1 – point e – point ii
(ii) the authentication possibilitysystem specified in point (d).
Amendment 123 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibilitysystem;
Amendment 124 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) arrangements for suspension or revocation of either the notified identification scheme or authentication possibilitysystem or the compromised parts concerned.
Amendment 126 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission may, by means of implementing acts, define the circumstances, formats and procedures of the notification referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 138 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the facilitation of cross border interoperability of electronic identification means by setting of minimum, technology-neutral, technical requirements.
Amendment 140 #
Proposal for a regulation
Article 9 – paragraph 1
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 intentional or negligent failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 2
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 intentional or negligent failure to meet the requirements laid down in this Regulation, in particular in Article 19, unless the qualified trust service provider can prove that he has not acted negligently.
Amendment 152 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. With reference to paragraph 1, such agreements shall ensure that the requirements applicable to qualified trust services and qualified certificates provided by qualified trust service providers established in the territory of the Union are met by the trust service providers in the third countries or international organisations, especially with regard to the protection of personal data, pursuant to article 25 of Directive 95/46/EC, security and supervision.
Amendment 157 #
Proposal for a regulation
Article 12
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 possible, pursuant to applicable national and Union law implementing the United Nations Convention on the Rights of Persons with Disabilities.
Amendment 171 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the report referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 177 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) compliance with the request would be incompatible with this Regulation and applicable legislation.
Amendment 187 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
The supervisory body concerned mayshall 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.