EU eIDAS Regulation
Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market
Zusammenfassung
The 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 with the view 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.
Dr Dr h.c. Alessio Zaccaria was a full Professor of civil law at the University of Verona.
Dr Martin Schmidt-Kessel is Director of the Research Center for Consumer Law and Professor for German and European Consumer Law, Private Law and Comparative Law, University of Bayreuth
Dr Dr h.c. Reiner Schulze is a Professor of German and European civil law at the Westphalian Wilhelms-University of Muenster and Director of the Centre of European Private Law.
Alberto M. Gambino is a full professor at European University of Rome and President of the Italian Academy of the Internet Code (IAIC).
Abstract
The 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 with the view 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.
Dr Dr h.c. Alessio Zaccaria was a full Professor of civil law at the University of Verona.
Dr Martin Schmidt-Kessel is Director of the Research Center for Consumer Law and Professor for German and European Consumer Law, Private Law and Comparative Law, University of Bayreuth
Dr Dr h.c. Reiner Schulze is a Professor of German and European civil law at the Westphalian Wilhelms-University of Muenster and Director of the Centre of European Private Law.
Alberto M. Gambino is a full professor at European University of Rome and President of the Italian Academy of the Internet Code (IAIC).
- Kapitel Ausklappen | EinklappenSeiten
- I–X Titelei/Inhaltsverzeichnis I–X
- 1–28 PART 1. INTRODUCTION 1–28
- 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)
- 29–376 PART 2. COMMENTARY 29–376
- 29–39 Regulation (EU) No 910/2014 of the European Parliament and of the Council – Recitals 29–39
- 40–80 Chapter I. General provisions 40–80
- 40–45 Article 1. Subject matter 40–45
- 46–47 Article 2. Scope 46–47
- 48–62 Article 3. Definitions 48–62
- 63–69 Article 4. Internal market principle 63–69
- 70–80 Article 5. Data processing and protection 70–80
- 81–133 Chapter II. Electronic identification 81–133
- 81–92 Article 6. Mutual recognition 81–92
- 93–95 Article 7. Eligibility for notification of electronic identification schemes 93–95
- 96–105 Article 8. Assurance levels of electronic identification schemes 96–105
- 106–109 Article 9. Notification 106–109
- 110–120 Article 10. Security Breach 110–120
- 121–125 Article 11. Liability 121–125
- 126–133 Article 12. Cooperation and interoperability 126–133
- 134–336 Chapter III. Trust services 134–336
- 134–174 Section 1. General provisions 134–174
- 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
- 175–197 Section 2. Supervision 175–197
- Article 17. Supervisory body
- Article 18. Mutual assistance
- Article 19. Security requirements applicable to trust service providers
- 198–212 Section 3. Qualified trust services 198–212
- 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
- 213–275 Section 4. Electronic signatures 213–275
- 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
- 276–315 Section 5. Electronic seals 276–315
- 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
- 316–323 Section 6. Electronic time stamps 316–323
- Article 41. Legal effect of electronic time stamps
- Article 42. Requirements for qualified electronic time stamps
- 324–333 Section 7. Electronic registered delivery services 324–333
- Article 43. Legal effect of an electronic registered delivery service
- Article 44. Requirements for qualified electronic registered delivery services
- 334–336 Section 8. Website authentication 334–336
- Article 45. Requirements for qualified certificates for website authentication
- 337–344 Chapter IV. Electronic documents 337–344
- Article 46. Legal effects of electronic documents
- 345–369 Chapter V. Delegations of power and implementing provisions 345–369
- 345–356 Article 47. Exercise of the delegation 345–356
- 357–369 Article 48. Committee procedure 357–369
- 370–376 Chapter VI. Final provisions 370–376
- 370–370 Article 49. Review 370–370
- 371–372 Article 50. Repeal 371–372
- 373–373 Article 51. Transitional measures 373–373
- 374–376 Article 52. Entry into force 374–376
- 377–380 Annexes 377–380
- 377–377 Annex I. Requirements for qualified certificates for electronic signatures 377–377
- 377–377 Annex II. Requirements for qualified electronic signature creation devices 377–377
- 378–378 Annex III. Requirements for qualified certificates for electronic seals 378–378
- 378–380 Annex IV. Requirements for qualified certificates for website authentication 378–380
