32 Amendments of Andreas SCHWAB related to 2012/0146(COD)
Amendment 61 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should also establish a general legal framework for the use of electronic trust services. However, it should not create a general obligation to use them. In particular, it should not cover the provision of services based on voluntary agreements under private law. NeitherIt should it cover aspects related to the conclusalso be without prejudice to provisions on the form, formation or effect of contracts or to the form, creation andor validity of contracts oother private-law obligations irrespective of whether other legal obligations where there are requirey are founded on national or Union law, for example Articles 10 and 11 of Regulation (EC) No 593/2008. Furthermore the Regulation should be without prejudice to the rules and restrictions in national or Union law on the use of documents, as regards form prescribed by national or Union lawnd should not apply to register procedures, particularly those relating to land registers and trade registers.
Amendment 66 #
Proposal for a regulation
Recital 34
Recital 34
(34) To facilitate the supervision of qualified trust services providers and ensure that it is effective, as stipulated in this Regulation, for example when a provider is providing its services in the territory of another Member State and is not subject to supervision there, or when the computers of a provider are located in the territory of another Member State than the one where it is established, a mutual assistance system between supervisory bodies in the Member States should be set up. must be set up. The system should also aim to simplify and reduce the administrative burden on trust service providers by having a one- stop-shop supervisory body.
Amendment 67 #
Proposal for a regulation
Recital 42
Recital 42
(42) When a transactionnational or Union law requires a qualified electronic seal from a legal person, a qualified electronic signature from the authorised representative of the legal person should be equally acceptable.
Amendment 68 #
Proposal for a regulation
Recital 43
Recital 43
(43) EValid electronic seals should serve as evidence thatprima facie evidence for the authenticity and integrity of an electronic document was issued by a legal person, ensuring certainty of the document’s origin and integrsociated with them. This should be without prejudice to national provisions on power of attorney, representation and legal capacity.
Amendment 70 #
Proposal for a regulation
Recital 45
Recital 45
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
(3) This Regulation does not apply to aspects related to the conclusshall be without prejudice to provisions of national or Union law on the formation andor validity of contracts or other legalprivate law obligations where there are requirements as regards form prescribed by national or Union law.
Amendment 85 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
(3a) This regulation shall be without prejudice to rules and restrictions in national or Union law on the use of documents. It shall not apply to register procedures, particularly those relating to land registers and trade registers.
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘electronic seal’ means data in electronic form which are attached to or logically associated with other electronic data to ensure the originauthenticity and the integrity of the associated data;
Amendment 232 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. A document with an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form.
Amendment 234 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. An electronic document with a qualified electronic signature shall have thbe equivalent legal effect of a handwritten signatureto a document signed in person, except where otherwise provided in national or Union law. This shall be without prejudice to the option of a contractual agreement to exclude the use of electronic documents.
Amendment 238 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. A valid qualified electronic signature shall serve as prima facie evidence for the authenticity and integrity of the electronic document associated with it.
Amendment 240 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Qualified electronic signatures shall be recognised and accepted by public bodies in all Member States.
Amendment 243 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. If an electronic signature with a security assurance level below qualified electronic signature is required, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic signatures matching at least the same security assurance level shall be recognised and accepted for access to that online service.
Amendment 259 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Amendment 260 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A document with an electronic seal shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.
Amendment 262 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. A valid qualified electronic seal shall enjoy the legal presumption of ensuring the origin and integrity of the data to which it is linkedserve as prima facie evidence for the authenticity and integrity of the electronic document associated with it. This shall be without prejudice to national provisions on power of attorney and representation.
Amendment 265 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. A qualified electronic seal shall be recognised and accepted by public bodies in all Member States.
Amendment 268 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. If an electronic seal security assurance level below the qualified electronic seal is required, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic seals matching at a minimum the same security assurance level shall be accepted for access to that online service.
Amendment 271 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Member States shall not request for cross-border accessing to a service online offered by a public sector body an electronic seal with higher security assurance level than qualified electronic seals.
Amendment 278 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Amendment 279 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. A document with an electronic time stamp shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.
Amendment 280 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. QA qualified electronic time stamp shall enjoy a legal presumption of ensuringconstitute prima facie evidence of the correctness of the time it indicates and the integrity of the data to which the time is bounocument with which it is associated.
Amendment 281 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. A qualified electronic time stamp shall be recognised and accepted by public bodies in all Member States.
Amendment 283 #
Proposal for a regulation
Article 34 – title
Article 34 – title
Amendment 284 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document annot be denied admissibleility as evidence in legal proceedings, having regard to its assurance level of authenticity and integrity solely on the grounds that it is in electronic form.
Amendment 288 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 292 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 294 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 296 #
Proposal for a regulation
Article 35 – title
Article 35 – title
Amendment 297 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Data sent or received using an electronic delivery service shall be admissible as evidence in legal proceedings with regard to the integrity of the data and the certainty of the date and time at which the data were sent to or received by a specified addressee.
Amendment 298 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Data sent or received using a qualified electronic delivery service shall enjoy legal presumption of the integrconstitute prima facie evidence of the authenticity of the data and the accuracycorrectness of the date and time of sending or receiving the data indicated by the qualified electronic delivery system.
Amendment 299 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. This shall be without prejudice to Regulation (EC) No 1348/2000.