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Subject: New draft EU Regulation

Dear all,
in the following an extract of the proposed new Regulation by the European Commission I mentioned today during the call.
It deals also with "electronic delivery services" that is of interest to us. I'd like also to draw your attention on paragraph 35.3 and 36.2 where it is stated that the Commission will adopt delegated acts concerning to specify mechanisms to foster the interoperability of these services, this means in practice that there will be a direct reference to technical standards.

Here is the link to the full regulation:

In the following the most relevant part for us.


Proposal for a
on electronic identification and trust services for electronic transactions in the internal market

Article 3: Definitions

For the purposes of this Regulation, the following definitions shall apply:
(12) ‘trust service’ means any electronic service consisting in the creation, verification, validation, handling and preservation of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic delivery services, website authentication, and electronic certificates, including certificates for electronic signature and for electronic seals;
(28) ‘electronic delivery service’ means a service that makes it possible to transmit data by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending or receiving the data, and which protects transmitted data against the risk of loss, theft, damage or any unauthorized alterations;
(29) ‘qualified electronic delivery service’ means an electronic delivery service which meets the requirements laid down in Article 36;

Article 35: Legal effect of an electronic delivery service

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.

2. Data sent or received using a qualified electronic delivery service shall enjoy legal presumption of the integrity of the data and the accuracy of the date and time of sending or receiving the data indicated by the qualified electronic delivery system.

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the specification of mechanisms for sending or receiving data using electronic delivery services, which shall be used with a view to fostering interoperability between electronic delivery services.

Article 36: Requirements for qualified electronic delivery services

1. Qualified electronic delivery services shall meet the following requirements:
(a)	they must be provided by one or more qualified trust service provider(s);
(b)	they must allow the unambiguous identification of the sender and if appropriate, the addressee;
(c)	the process of sending or receiving of data must be secured by an advanced electronic signature or an advanced electronic seal of qualified trust service provider in such a manner as to preclude the possibility of the data being changed undetectably;
(d)	any change of the data needed for the purpose of sending or receiving the data must be clearly indicated to the sender and addressee of the data;
(e)	the date of sending, receipt and any change of data must be indicated by a qualified electronic time stamp;
(f)	in the event of the data being transferred between two or more qualified trust service providers, the requirements in points (a) to (e) shall apply to all the qualified trust service providers.

2. The Commission may, by means of implementing acts, establish reference numbers of standards for processes for sending and receiving data. Compliance with the requirements laid down in paragraph 1 shall be presumed where the process for sending and receiving data meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.

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