Changes from report parliamentary committee draft to plenary report

Added2. Qualified certificates issued to natural persons under Directive 1999/93/EC shall continue to be considered as qualified certificates for electronic signatures under this Regulation until [date – PO please insert a period of four years following the entry into force of this Regulation].’;

Added(43) Annex I is amended in accordance with Annex I to this Regulation;

Added(44) Annex II is replaced by the text set out in Annex II to this Regulation;

Added(45) Annex III is amended in accordance with Annex III to this Regulation;

Added(46) Annex IV is amended in accordance with Annex IV to this Regulation;

Added(47) a new Annex V is added as set out in Annex V to this Regulation;

Added(48) a new Annex VI is added to this Regulation.

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at,

AddedIn Annex I, point (i) is replaced by the following:

Added‘(i) the information, or the location of the services that can be used to enquire, about the validity status of the qualified certificate;

Added(ia) an indication, in a machine-readable format, showing which identity verification method listed in Article 24(1) was used during issuance of the certificate;’.

AddedREQUIREMENTS FOR QUALIFIED ELECTRONIC SIGNATURE CREATION DEVICES

Added1. Qualified electronic signature creation devices shall ensure, by appropriate technical and procedural means, that at least:

AddedQualified electronic signature creation devices shall ensure, by appropriate technical and procedural means, that at least:

Added(a) the confidentiality of the electronic signature creation data used for electronic signature creation is reasonably assured;

Added(b) the electronic signature creation data used for electronic signature creation can practically occur only once;

Added(c) the electronic signature creation data used for electronic signature creation cannot, with reasonable assurance, be derived and the electronic signature is reliably protected against forgery using currently available technology;

Added(d) the electronic signature creation data used for electronic signature creation can be reliably protected by the legitimate signatory against use by others.

Added2. Qualified electronic signature creation devices shall not alter the data to be signed or prevent such data from being presented to the signatory prior to signing.

AddedIn Annex III, point (i) is replaced by the following:

Added‘(i) the information, or the location of the services that can be used to enquire, about the validity status of the qualified certificate;

Added(ia) an indication, in machine readable format, showing which identity verification method listed in paragraph 1 of Article 24 was used during issuance of the seal;’.

Added(1) point (c) is replaced by the following:

Added‘(c) for natural persons: at least the name of the person to whom the certificate has been issued with a high level of assurance, or a pseudonym. If a pseudonym is used, it shall be clearly indicated; ▌

Added(ca) for legal persons: at least the name of the legal person to whom the certificate is issued and, where applicable, registration number as stated in the official records with a high level of assurance;’;

Added(2) point (j) is replaced by the following:

Added‘(j) the information, or the location of the certificate validity status services that can be used to enquire, about the validity status of the qualified certificate.’.

AddedREQUIREMENTS FOR QUALIFIED ELECTRONIC ATTESTATION OF ATTRIBUTES

AddedQualified electronic attestation of attributes shall contain:

Added(a) an indication, at least in a form suitable for automated processing, that the attestation has been issued as a qualified electronic attestation of attributes;

Added(b) a set of data unambiguously representing the qualified trust service provider issuing the qualified electronic attestation of attributes including at least, the Member State in which that provider is established and:

Added- for a legal person: the name and, where applicable, registration number as stated in the official records,

Added- for a natural person: the person’s name;

Added(c) a set of data unambiguously representing the entity to which the attested attributes is referring to; if a pseudonym is used, it shall be clearly indicated;

Added(d) the attested attribute or attributes, including, where applicable, the information necessary to identify the scope of those attributes;

Added(e) details of the beginning and end of the attestation’s period of validity;

Added(f) the attestation identity code, which must be unique for the qualified trust service provider and if applicable the indication of the scheme of attestations that the attestation of attributes is part of;

Added(g) the qualified electronic signature or qualified electronic seal of the issuing qualified trust service provider;

Added(h) the location where the certificate supporting the advanced electronic signature or advanced electronic seal referred to in point (f) is available free of charge;

Added(i) the information or location of the services that can be used to enquire about the validity status of the qualified attestation.

AddedMINIMUM LIST OF ATTRIBUTES

AddedFurther to Article 45d, Member States shall ensure that measures are taken to allow qualified providers of electronic attestations of attributes to verify by electronic means at the request of the user, the authenticity of the following attributes against the relevant authentic source at national level or via designated intermediaries recognised at national level, in accordance with Union or national ▌law and in cases where these attributes rely on authentic sources within the public sector:

Added1. Address;

Added2. Date of birth;

Added3. Gender;

Added4. Civil status;

Added5. Family composition;

Added6. Nationality or nationalities

Added6a. Citizenship or citizenships;

Added7. Educational qualifications, titles and licenses;

Added8. Professional qualifications, titles and licenses;

Added8a. Documents proving the activation of a protection regime and name of the authorised party designated to act on behalf of the natural person;

Added9. Public permits and licenses;

Added10. Company data.

Added14.9.2022

Addedof the Committee on the Internal Market and Consumer Protection