The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019

31.—(1) Article 37 is amended as follows.

(2) For paragraphs 1 to 3 substitute—

“1.   If a public sector body requires an advanced electronic seal for the use of an online service offered by or on behalf of that body (but does not require it to be based on a qualified certificate for electronic seal), the body must recognise any advanced electronic seal (whether or not based on a qualified certificate for electronic seal) that complies with the Implementing Decision.

2.   If a public sector body requires an advanced electronic seal based on a qualified certificate for electronic seal to use an online service offered by or on behalf of that body, the body must recognise any advanced electronic seal based on a qualified certificate for electronic seal, or any qualified electronic seal, that complies with the Implementing Decision.

3.   If a public sector body requires an electronic seal to use an online service offered by or on behalf of that body, the body may not, for the use of that service from a place outside the United Kingdom, require the seal to be at a higher security level than that of a qualified electronic seal.”.

(3) Omit paragraph 4.

(4) For paragraph 5 substitute—

“5.   In this Article “the Implementing Decision” means Commission Implementing Decision (EU) 2015/1506 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies(1).”.

(1)

The full title of the instrument is Commission Implementing Decision (EU) 2015/1506 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies pursuant to Articles 27(5) and 37(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market. The reference to Articles 27(5) and 37(5) of Regulation (EU) No 910/2014 is to those Articles as they had effect when the Decision was adopted.