15 Amendments of Jean-Pierre AUDY related to 2012/0146(COD)
Amendment 110 #
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
1) ‘electronic identification’ means the process of using person identification data in electronic form unambiguously representing a natural or legal person;
Amendment 123 #
Proposal for a regulation
Article 3 – point 7 – point c
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 under his sole control; and
Amendment 125 #
Proposal for a regulation
Article 3 – point 10
Article 3 – point 10
10) ‘certificate’ means an electronic attestation which links electronic signature or seal validation data tof a natural or a legal person respectively to the certificateperson or seal validation data to a legal person and confirms those data of that person;
Amendment 149 #
Proposal for a regulation
Article 10 – paragraph 1
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 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 based so agrees, qualified trust services and qualified certificates provided by qualified trust service providers based in the EU shall, under the principle of reciprocity, be accepted in this country.
Amendment 214 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
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 218 #
Proposal for a regulation
Article 10 – paragraph 1
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 287 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document and admissible as evidence in legal proceedings, having regard todepending on its assurance level of authenticity and integrity.
Amendment 292 #
Proposal for a regulation
Article 15 – paragraph 3
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 306 #
Proposal for a regulation
Article 16 – paragraph 1
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 316 #
Proposal for a regulation
Article 16 – paragraph 4
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 setand in accordance with the adversarial procedure specified by the supervisory body, it shall lose its qualified status and be informed by the supervisory body that its status will be changed accordingly in the trusted lists referred to in Article 18.
Amendment 349 #
Proposal for a regulation
Article 19 – paragraph 2 – point i a (new)
Article 19 – paragraph 2 – point i a (new)
(ia) refuse to provide services for activities they know to be illegal.
Amendment 358 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. A qualified electronic signature shall be presumed to have the equivalent legal effect of a handwritten signature.
Amendment 381 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. On the basis of the information received, the Commission shall establish, publish and maintain a list of certified qualified electronic signature creation devices. The Commission shall without delay forward these updates to the Member States by electronic means.
Amendment 419 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document and admissible as evidence in legal proceedings, having regard tobased on its assurance level of authenticity and integrity.
Amendment 437 #
Proposal for a regulation
Article 40
Article 40
The Commission shall report to the European Parliament and to the Council on the application of this Regulation. The first report shall be submitted no later than fourtwo years after the entry into force of this Regulation. Subsequent reports shall be submitted every four years thereafter.