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Consortium meeting

Consortium meeting. Berlin, November 14 th 2013. Agenda. Overview of upcoming legislation Legal considerations in regard to identified building blocks Organisation of support. eiDAS Regulation. Content Conditions for mutual recognition of electronic ID – requirements set out in Annex

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Consortium meeting

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  1. Consortium meeting Berlin, November 14th 2013 Legal expertise centre

  2. Agenda • Overview of upcoming legislation • Legal considerations in regard to identified building blocks • Organisation of support Legal expertise centre

  3. eiDAS Regulation • Content • Conditions for mutual recognition of electronic ID – requirements set out in Annex • Legal effects and acceptance of electronic signatures – continuity with 1999 Directive • New concepts: electronic seals, electronic time stamps, electronic documents, qualified electronic delivery service • Impact for e-SENS • Could greatly facilitate electronic exchanges if pragmatic but secure solutions are allowed • Qualified electronic delivery service could be an objective • Status • Examination of LT presidency text at WP Tele 12/11 & 14/11 • Plenary vote at the EP in Feb. 2014– adoption in March 2014? • European Council October 2013: adoption before the end of the current legislature Legal expertise centre

  4. Regulation on the acceptance of public documents • Content • Acceptance of public documents which have to be presented to the authorities of another Member State – exemption of legalisation, acceptance of non-certified translations, request for information in case of reasonable doubt • Establishes Union multilingual standard forms concerning birth, death, marriage, registered partnership and legal status and representation of a company • The Commission shall develop electronic versions of Union multilingual standard forms or other formats suitable for electronic exchanges • Impact for e-SENS • Double use with forms developed by the ICCS • Could facilitate implementation of Services Directive (5.4) • Status • Proposal introduced in March 2013 Legal expertise centre

  5. Data protection Regulation • Content • Strengthens the principles of the 1995 Directive • Provides for explicit consent of the data subject • Impact for e-SENS • Increased clarity and legal security • Clarification on consent and right to be forgotten necessary for e-health • Status • Proposal introduced in January 2012 • Major political exposure Legal expertise centre

  6. CEF Regulation • Content • € 9.2bn initially earmarked, cut to € 1bn after February European Council • Financial instruments which calls for proposals (co-funding 50 to 75%) • Impact for e-SENS • Current wording prioritises e-procurement, e-health, interconnection of BRs, electronic procedures for setting up and running a business in another European country, e-justice • Distinguishes Digital Services Infrastructure (service oriented) and Building Block Digital Service Infrastructures (generic) • Identifies BBs: • Electronic identification and authentication • Electronic delivery of documents • Automated translation • Critical digital infrastructures support • Electronic invoicing • Status • Proposal introduced in October 2011 Legal expertise centre

  7. Legal considerations in regard to identified building blocks Building block: “a (potentially re-usable) component of business, IT, or architectural capability that can be combined with other building blocks to deliver architectures and solutions” (D6.1) • e-Delivery and e-interaction • Ensure maximum security in the exchange of data • Legal value of electronic delivery  agreements or strict mutual recognition • Differences in laws on protection of data in regard to certain types of data (e.g. health) • Data integrity and protection  exploration of end-to-end encryption solutions • Semantics, Processes & Documents • Data definitions, acceptance of foreign documents, data format • Legally recognised mapping of equivalences across borders  bilateral agreements • Documents from external stakeholders (e.g. financial institutions) • Translation and legal value  need further investigation • Semantic interoperability  need further investigation Legal expertise centre

  8. Legal considerations…building blocks cont. • Identity, Security & Trust • eSignature (creation and validation), eID (authentication and mutual trust), Circle of trust • Attribute/Role management • Mobile eID & mobile eSignatures (mobile eID and mobile e-Signature infrastructures) • National differences in roles and thus rights (e.g. access to data) • Legal barriers/differences  “Trusted domain” with mutual requirements • Mutual trust eSignature/eID  Circle of trust and Trust-OK Token • General • External architectural components (e.g. EU e-Justice Portal) – responsibilities? • Feasibility of electronic exchanges and specific national provisions • Specific national laws / heterogeneous application of EU legislation • New EU legislation – time vs. e-SENS calendar • Agreements to facilitate mutual recognition as a solution: complicate, restraining, insufficient given sector/MS Legal expertise centre

  9. Organisation of support • Special focus in the upcoming months should be on WP6 (building blocks identification) and WP5 (pilot selection) – also to gather input for D4.2 • Work on D4.2 needs to start asap • Also help reflection on sustainability (WP3) • Basecamp Legal expertise centre

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