Description
Book SynopsisThis book provides rule-by-rule commentaries on the Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market. The eIDAS regulation aims at proving a framework for secure and trustworthy electronic transactions in the EU. This volume offers comprehensive comments on all provisions of this regulation containing references to European scholarly writing. As a cross-border project this book is written by an international group of contributors and provides analysis from different European countries. In order to assess the arising legal issues the contributions to this book reflect both aspects of the eIDAS regulation: On one hand the technological-neutral approach intended by this regulation, but also the nevertheless technically determined definitions and provisions of this very specific field of law.
Table of ContentsPART 1 INTRODUCTION A. General Remarks on Regulation (EU) No 910/2014 (Zaccaria) B. The Legal Context of Regulation (EU) Nr. 910/2014 – The EU Response to Digitalisation (Schulze) C. The choices of the eIDAS Regulation (Gambino) D. Documentary formalism for the digital age – building trust (Schmidt-Kessel) PART 2 COMMENTARY Regulation (EU) No 910/2014 of the European Parliament and of the Council – Recitals Chapter I. General provisions Article 1. Subject matter Article 2. Scope Article 3. Definitions Article 4. Internal market principle Article 5. Data processing and protection Chapter II. Electronic identification Article 6. Mutual recognition Article 7. Eligibility for notification of electronic identification schemes Article 8. Assurance levels of electronic identification schemes Article 9. Notification Article 10. Security Breach Article 11. Liability Article 12. Cooperation and interoperability Chapter III. Trust services Section 1. General provisions Article 13. Liability and burden of proof Article 14. International aspects Article 15. Accessibility for persons with disabilities Article 16. Assurance levels of electronic identification schemes Section 2. Supervision Article 17. Supervisory body Article 18. Mutual assistance Article 19. Security requirements applicable to trust service providers Section 3. Qualified trust services Article 20. Supervision of qualified trust service providers Article 21. Initiation of a qualified trust service Article 22. Trusted lists Article 23. EU trust mark for qualified trust services Article 24. Requirements for qualified trust service providers Section 4. Electronic signatures Article 25. Legal effects of electronic signatures Article 26. Requirements for advanced electronic signatures Article 27. Electronic signatures in public services Article 28. Qualified certificates for electronic signatures Article 29. Requirements for Qualified Electronic Signature Creation Devices Article 30. Certification of qualified electronic signature creation devices Article 31. Publication of a list of certified qualified electronic signature creation devices Article 32. Requirements for the validation of qualified electronic signatures Article 33. Qualified validation service for qualified electronic signatures Article 34. Qualified preservation service for qualified electronic signatures Section 5. Electronic seals Article 35. Legal effects of electronic seals Article 36. Requirements for advanced electronic seals Article 37. Electronic seals in public services Article 38. Qualified certificates for electronic seals Article 39. Qualified electronic seal creation devices Article 40. Validation and preservation of qualified electronic seals Section 6. Electronic time stamps Article 41. Legal effect of electronic time stamps Article 42. Requirements for qualified electronic time stamps Section 7. Electronic registered delivery services Article 43. Legal effect of an electronic registered delivery service Article 44. Requirements for qualified electronic registered delivery services Section 8. Website authentication Article 45. Requirements for qualified certificates for website authentication Chapter IV. Electronic documents Article 46. Legal effects of electronic documents Chapter V. Delegations of power and implementing provisions Article 47. Exercise of the delegation Article 48. Committee procedure Chapter VI. Final provisions Article 49. Review Article 50. Repeal Article 51. Transitional measures Article 52. Entry into force
