22 Amendments of Tadeusz ZWIEFKA related to 2012/0146(COD)
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This 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 markettrust services a view to ensure trust in the online environment, proper functioning of the internal market and cross border access to e-government services.
Amendment 52 #
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 or natural andor legal persons falling under a notified electronic identification scheme of another Member State.
Amendment 53 #
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 54 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation ensures that trust services and products which comply with this Regulation are permitted to circulate freely in the internal market.
Amendment 55 #
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 offered to the public.
Amendment 58 #
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 research purposes.
Amendment 59 #
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 or a natural or legal person;
Amendment 60 #
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 61 #
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 ofwith the identification data of any entity or a natural or a legal person respectively to the certificate and confirms those data of that person;
Amendment 62 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘trust service provider’ means an entity or a natural or a legal person who provides one or morat least one trust services;
Amendment 63 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘creator of a seal’ means an entity or a legal person who creates an electronic seal;
Amendment 64 #
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 67 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Data processing and protection 1. Trust service providers and data protection supervisory bodies shall ensure fair and lawful processing in accordance with Directive 95/46/EC when processing personal data. 2. Trust service providers 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 a certificate or to provide a trust service. 3. Trust service providers shall guarantee the confidentiality and integrity of data related to a person to whom the trust service is provided. 4. Qualified trust service providers shall store documents or information related to provided service according to national laws. In case of qualified trust service providers ending all activity aforementioned documents and data shall be deposed in supervisory body. Relevant documents and information may be archived electronically.
Amendment 108 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 111 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A trust service provider shall be liable for any directunder national law for damage caused to any entity or 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 112 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 114 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
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 previous subparagraph, they shall not be liable for damages exceeding the indicated limitations.
Amendment 119 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever possibleaccording to existing EU legislation.
Amendment 120 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The Commission shall establish and award trust mark to distinguish products and services accessible for persons with disabilities.
Amendment 121 #
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. EU standards organizations are responsible for development of assessment criteria for products and services accessible for persons with disabilities.
Amendment 123 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall designate an appropriate body established in their territory or, upon mutual agreement, in another Member State under the responsibility of the designating Member State. Supervisory bodies shall be given all supervisory and investigatory powers that are necessary for the exercise of their tasks.
Amendment 125 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 39(2) concerning specific means of supervision.