21 Amendments of Rafał TRZASKOWSKI related to 2012/0146(COD)
Amendment 77 #
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 81 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation does not apply to the provision of electronic trust services based solely on voluntary agreements under private law. Such trust services may not be denied validity, legal effectiveness resulting from voluntary agreements and admissibility as evidence in legal proceedings solely on the grounds that they are: — in electronic form, or — not based upon a qualified certificate for electronic signature, or qualified certificate for electronic seal, or qualified certificate for website authentication, — not provided by a qualified trust service provider, or — not created by a qualified electronic signature creation device or qualified electronic seal creation device.
Amendment 90 #
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 with the identification data of an entity, or a natural or a legal person respectively to the certificate and confirms those data of that person;
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘qualified certificate for electronic signature’ means an attestation certificate which is used to support electronic signatures, is issued by a qualified trust service provider and meet the requirements laid down in Annex I;
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. There shall be no restriction on the provision of trust services in the territory of a Member State by a trust service provider established in another Member States for reasons which fall within the fields covered by this Regulation. Member States shall ensure that trust services originating from another Member States are admissible as evidence in legal proceedings.
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. For trust services offered in another Member State certification policy documents shall be made publicly available in official languages of that Member State or in English language.
Amendment 101 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Mutual recognition and acceptance Mutual recognition
Amendment 103 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
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, any in one Member State or in the Union institution, the electronic identification means issued in another Member State fallingor by the Union institution 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 servicein the Member State or by the Union institution for the purposes of accessing that service online, not later than six months after the list, including that scheme, is published.
Amendment 141 #
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 150 #
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 legally equivalent to 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.
Amendment 154 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Qualified trust service provider established within the Union may guarantee for certificates which are issued as qualified by supervised or accredited trust service providers established in a third country.
Amendment 164 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) monitoring qualified trust service providers established in the territory of the designating Member State to ensure that they fulfil the requirements laid down in Article 15;
Amendment 241 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Qualified electronic signatures shall be recognised and accepted in all Member States and institutions of the Union.
Amendment 242 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. If an electronic signature with a security assurance level below qualified electronic signature is requiraccepted, in particular by a Member State or by institutions of the Union for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic signatures matching at least the same security assurance levelt the same time qualified electronic signature shall be recognised and accepted as well.
Amendment 261 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. National law or agreement between parties may assign to electronic seal or qualified electronic seal additional legal effects beyond this regulation.
Amendment 266 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. A valid qualified electronic seal shall be recognised and accepted in all Member States public services and institutions of the Union.
Amendment 269 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. If an electronic seal security assurance level below the qualified electronic seal is requiraccepted, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic seals matching at a minimum the same security assurance levet the same time qualified electronic seal shall be accepted.
Amendment 291 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A document or an electronically certified copy thereof bearing a valid qualified electronic signature or a valid qualified electronic seal of the person who is competent to issue the relevant document or respectively authorize certified copy, shall enjoy legal presumption of its authenticityorigin and integrity provided the document does not contain any dynamic features capable of automatically changing the document.
Amendment 300 #
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3a. National law or agreement between parties may assign to electronic delivery service additional legal effects beyond this regulation.
Amendment 305 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
The report shall include an assessment of relevant developments in electronic identification, authentication and signatures within Member States and leading countries outside the Union. The review shall inter alia assess whether the scope of this Regulation should be modified, taking account of technological, market and legal developments of trust services.
Amendment 306 #
Proposal for a regulation
Article 40 – paragraph 1 b (new)
Article 40 – paragraph 1 b (new)