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

Commission Implementing Decision (EU) 2015/1506

55.—(1) 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) is amended as follows.

(2) In Article 1—

(a) for the words from the beginning to “recognise” substitute “A signature complies with this Decision if it is an”;

(b) for “those signatures comply” substitute “it complies”.

(3) In Article 2—

(a) for paragraph 1 substitute—

“1.   A signature also complies with this Decision if it is in a format other than those referred to in Article 1, provided that:

(a) the trust service provider used by the signatory is established in the United Kingdom or the EU, and

(b) the public sector body in question is offered signature validation possibilities in accordance with paragraph 2, suitable, where possible, for automated processing.”;

(b) in paragraph 2—

(i) in point (a), for “other Member States” substitute “the public sector body”;

(ii) in point (c)—

(aa) in point (1), for the words from “that supports” (in the second place it occurs) to “provider” substitute “met, at the time of signing, all necessary requirements for qualified status”;

(bb) in point (7), after “Regulation (EU) No 910/2014” insert “, or the corresponding provision of the equivalent EU law (within the meaning given by Article 3(42) of that Regulation),”.

(4) In Article 3—

(a) for the words from the beginning to “recognise” substitute “A seal complies with this Decision if it is an”;

(b) for “those comply” substitute “it complies”.

(5) In Article 4—

(a) for paragraph 1 substitute—

“1.   A seal also complies with this Decision if it is in a format other than those referred to in Article 3, provided that:

(a) the trust service provider used by the creator of the seal is established in the United Kingdom or the EU, and

(b) the public sector body in question is offered seal validation possibilities in accordance with paragraph 2, suitable, where possible, for automated processing.”;

(b) in paragraph 2—

(i) in point (a), for “other Member States” substitute “the public sector body”;

(ii) in point (c)—

(aa) in point (1), for the words from “that supports” (in the second place it occurs) to “provider” substitute “met, at the time of sealing, all necessary requirements for qualified status”;

(bb) in point (7), after “Regulation (EU) No 910/2014” insert “, or the corresponding provision of the equivalent EU law (within the meaning given by Article 3(42) of that Regulation),”.

(6) After Article 5, omit the words from “This Decision” to “Member States.”.

(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.