20 Amendments of Jacek PROTASIEWICZ related to 2012/0146(COD)
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation lays down the conditions under which Member States shall recognise and accept electronic identification means of any entity, natural andor legal persons falling under a notified electronic identification scheme of another Member State.
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic validation and verification, electronic time stamps, electronic documents, electronic delivery services and website authentication.
Amendment 63 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to notification of electronic identification provided by, on behalf or under the responsibility of Member States and to trust service providers established in the Union. This Regulation applies to trust services and products offered to the public.
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation does not apply to trust services deployed solely for testing, training or scientific purposes.
Amendment 65 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘electronic identification’ means the process of using person identification data in electronic form unambiguously representing an entity, a natural or legal person;
Amendment 67 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘electronic identification means’ means a material or immaterial unit containing data as referred to in point 1 of this Article, and which is used to access electronic services online as referred to in Article 5;
Amendment 68 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘certificate’ means an electronic attestation which links electronic signature or seal validation data of an entity, a natural or a legal person respectively to the certificate and confirms those data of that person;
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘trust service’ means any electronic service consisting in, among others, of the creation, verification, validation, handling and preservation of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic delivery services, website authentication, and electronic certificates, including certificates for electronic signature and for electronic seals;
Amendment 70 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘trust service provider’ means an entity, a natural or a legal person who provides one or more trust services;
Amendment 71 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘creator of a seal’ means an entity, a legal person who creates an electronic seal;
Amendment 72 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27
Article 3 – paragraph 1 – point 27
(27) ‘electronic document’ means a documentseparate set of structured data in any electronic format;
Amendment 76 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the notifying Member State ensures that the person identification data are attributed unambiguously to the entity, natural or legal person referred to in Article 3 point1;
Amendment 78 #
Proposal for a regulation
Article 7 – paragraph 1 – point e a (new)
Article 7 – paragraph 1 – point e a (new)
(ea) other relevant specifications, manuals or documentation that notifying Member State may deem relevant for mutual recognition and development of services;
Amendment 81 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall, by means of implementing acts, establish the necessary modalitiesinteroperability framework to facilitate the cooperation between the Member States 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 peer review of notified electronic identification schemes and the examination of relevant developments arising in the electronic identification sector by the competent authorities of the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 82 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 87 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A trust service provider shall be liable under national law for any direct damage caused to any entity, natural or legal person due to 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 89 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Trust service providers and supervisory bodies shall ensure fair and lawful processingcollecting and processing of personal data in accordance with Directive 95/46/EC when processing personal data.
Amendment 90 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Trust service providers shall collect and process personal data according to Directive 95/46/EC. Such collecting and processing shall be strictly limited to the minimum data needed to issue and maintain a certificate or to provide a trust service.
Amendment 92 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Without prejudice to the legal effect given to pseudonyms under national law, Member States shall not prevent trust service providers indicating in electronic signature certificates a pseudonym instead of the signatory's name.
Amendment 114 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
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 law, the identity and, if applicable, any specific attributes of the entity, natural or legal person to whom a qualified certificate is issued.