EEA EFTA Comment on the Commission’s proposal for a regulation on electronic identification and trust services

Published 20-03-2013
In an EEA EFTA Comment submitted to the EU on 19 March 2013, Iceland, Liechtenstein and Norway have expressed their concern about the proposed regulation on electronic identification and trust services for electronic transactions in the Internal Market.

The EEA EFTA States welcome the idea of ensuring mutual recognition and the acceptance of electronic identification and electronic trust service across borders. They also welcome the broadening of the scope of the proposed regulation, which will cover different types of trust services.

However, they are concerned about the complexity of the regulation and the increased administrative burden regarding the supervision of qualified trust service providers. In their opinion, it lacks a clear description of the security levels that need to be applied when notifying electronic identification. The absence of a clear description will have a negative effect on service sectors dealing with more sensitive issues, since they would need to accept notified schemes that apply a lower security level than is required under national law.

The EEA EFTA States also regret the fact that trust service providers will no longer be able to indicate on the qualified certificate a limit on the value of the transaction for which it can be used, which is possible under the current eSignature Directive. Without this possibility, the trust service providers may have to make a risk adjustment, which could lead to more expensive services and create a barrier to using them. It will be especially difficult for smaller trust service providers to obtain liability schemes from insurance companies.

The proposed regulation was presented by the Commission on 4 June 2012. It will upgrade the legal framework of electronic signatures and replace the existing eSignature Directive. It will require mutual recognition between various national electronic identification systems, and will include other trust services such as time stamping, electronic seals and delivery, and website authentication.

Click here to see the EEA EFTA Comment submitted to the EU on 19 March 2013

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