2017/0109/D
EC/EFTA
DE Deutschland
  • SERV10 - Elektronische Signatur
2017-06-19
2017-03-22
Electronic trust services pursuant to Regulation (EU) No 910/2014

Draft Act implementing Regulation (EU) No 910/2014 of the European Parliament and the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (eIDAS Implementing Act)

Article 1 of the Draft Act enacts the Trust Services Act in implementation of the EU eIDAS Regulation. It supersedes the applicable Signature Act. Insofar as the eIDAS Regulation entails final and sufficiently precise provisions, these require no implementation in Germany as directly applicable law. The Trust Services Act is restricted to provisions enabling the necessary prerequisites for effective implementation of the eIDAS Regulation (EU) No 910/2014. This includes the determination of regulatory bodies, the powers of the authorities involved and provisions on administrative offences. A number of necessary clarifications to the eIDAS Regulation within the permissible framework of EU law are also added, such as liability, provision for sufficient cover, attributes, revocation or recognition of certification bodies. The Trust Services Act is widely based on the comparable provisions of the previously applicable Signature Act. The Trust Services Act also empowers the Federal Government to regulate further details by statutory ordinance. Work on the statutory ordinance is scheduled to take place over the course of the year. The other articles will make consequential amendments to many sectoral acts (particularly adapting references to the Signature Act to be repealed). The initial application rules for the new electronic seal will also be defined (procurement law).