CHAPTER III

TRUST SERVICES
SECTION 9

Recognition of overseas trust services

Overseas signatures and seals in public service
Article 45B
1
The Secretary of State may by regulations provide that an overseas electronic signature of a specified description is to be treated—
a
for the purposes of Article 27(1), as an advanced electronic signature that complies with the Implementing Decision;
b
for the purposes of Article 27(2), as an advanced electronic signature based on a qualified certificate for electronic signature, or a qualified signature, that complies with the Implementing Decision.
2
The Secretary of State may by regulations provide that an overseas electronic seal of a specified description is to be treated—
a
for the purposes of Article 37(1), as an advanced electronic seal that complies with the Implementing Decision;
b
for the purposes of Article 37(2), as an advanced electronic seal based on a qualified certificate for electronic seal, or a qualified seal, that complies with the Implementing Decision.
3
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;
- “
overseas
”, in relation to an electronic signature or electronic seal, means provided by a person established in a country or territory outside the United Kingdom;
- “
specified
” means specified by regulations made under this Article.
4
The Secretary of State may not make regulations under point (a) or (b) of paragraph 1 or point (a) or (b) of paragraph 2 specifying a description of overseas electronic signature or overseas electronic seal unless satisfied that the reliability of such a signature or seal is at least equivalent to the reliability of a signature or seal described in that point.
5
When making regulations under this Article in relation to a description of overseas electronic signature or overseas electronic seal, the Secretary of State must have regard to (among other things) the law in the other country or territory relevant to that description of signature or seal and related trust services.
Ch. 3 Section 9 inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 132(2), 142(1)(2)(h)