The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the provisions of 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 (OJ No L 257, 28.8.2014, p73) (“the eIDAS Regulation”).

The eIDAS Regulation repeals and replaces Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community Framework for electronic signatures (OJ No L 13, 19.1.2000, p12) which was implemented in the United Kingdom by the Electronic Signatures Regulations 2002 (S.I. 2002/318) (“the 2002 Regulations”) and section 7 of the Electronic Communications Act 2000 (2000 c.7) (“the ECA 2000”). These Regulations revoke and replace S.I. 2002/318 and amend the ECA 2000.

Part 2 contains the supervisory provisions. Regulation 3 appoints the Information Commissioner as the supervisory body under these Regulations. The Information Commissioner is responsible for carrying out the supervisory body tasks and enforcing these Regulations.

Part 3 sets out the transitional provisions and consequential amendments. Qualified certificates issued before 1 July 2016, under the 2002 Regulations, are considered to be qualified certificates for electronic signatures under this Regulation until their expiry.

Schedules 1 and 2 set out the penalty and enforcement regime. Schedule 1 provides that where the supervisory body is satisfied that a trust service provider is in contravention of the eIDAS Regulation, it may issue a monetary penalty. Schedule 2 provides that where the supervisory body is satisfied that a trust service provider is in contravention of the eIDAS Regulation, the supervisory body may withdraw the provider’s qualified status or serve an enforcement notice, assessment notice or an information notice. A trust service provider served with a monetary penalty or notice may appeal to the Upper or First-tier Tribunal.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.

A transposition note is available from the European Reform Directorate, Department for Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET and is also published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.