e-IDAS what is it and what is it about

e-IDAS (electronic IDentification, Authentication and trust Services) is an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market. It entered into force on 17 September 2014 and applies from 1 July 2016 except for certain articles, which are listed in its Article 52.

 

Purpose of e-IDAS

All organizations delivering public digital services in an EU member state must recognize electronic identification from all EU member states from September 29, 2018 (art. 1 p. 1 a) e-IDAS).

e-IDAS oversees electronic identification and trust services for electronic transactions in the European Union's internal market. It regulates electronic signatures, electronic transactions, involved bodies, and their embedding processes to provide a safe way for users to conduct business online like electronic funds transfer or transactions with public services. Both the signatory and the recipient can have more convenience and security. Instead of relying on traditional methods, such as mail or facsimile, or appearing in person to submit paper-based documents, they may now perform transactions across borders, like "1-Click" technology.

 

e-IDAS has created standards for which electronic signatures, qualified digital certificates, electronic seals, timestamps, and other proof for authentication mechanisms enable electronic transactions, with the same legal standing as transactions that are performed on paper.

 

e-IDAS is a result of the European Commission's focus on Europe's Digital Agenda. e-IDAS focuses on the following:

  • Interoperability: Member states are required to create a common framework that will recognize eIDs from other member states and ensure its authenticity and security. That makes it easy for users to conduct business across borders.
  • Transparency: e-IDAS provides a clear and accessible list of trusted services that may be used within the centralised signing framework. That allows security stakeholders the ability to engage in dialogue about the best technologies and tools for securing digital signatures.

 

Regulated aspects in electronic transactions

The Regulation provides the regulatory environment for the following important aspects related to electronic transactions:

  • Digital identity: a European-wide framework for digital authentication of citizens, with legal validity. Nine principles of EU digital identity have been defined: user choice, privacy, Interoperability and security, trust, convenience, user consent and control proportionality, counterpart knowledge and global scalability.
  • Advanced electronic signature: An electronic signature is considered advanced if it meets certain requirements (art. 26 e-IDAS):
    • It provides unique identifying information that links it to its signatory.
    • The signatory has sole control of the data used to create the electronic signature.
    • It must be capable of identifying if the data accompanying the message has been tampered with after being signed. If the signed data has changed, the signature is marked invalid.
    • There is a certificate for electronic signature, electronic proof that confirms the identity of the signatory and links the electronic signature validation data to that person.
    • Advanced electronic signatures can be technically implemented, following the XAdES, PAdES, CAdES or ASiC Baseline Profile (Associated Signature Containers) standard for digital signatures, specified by the ETSI (Implementing Decision 2015/1506/EU).
  • Qualified electronic signature, an advanced electronic signature that is created by a qualified electronic signature creation device based on a qualified certificate for electronic signatures (art. 3 p. 12 e-IDAS).
  • Qualified  certificate for electronic signature, a certificate that attests to a qualified electronic signature's authenticity that has been issued by a qualified trust service provider (art. 3 p. 15 e-IDAS)..
  • Qualified certificate for website authentication, a certificate for website authentication, which is issued by a qualified trust service provider and meets the requirements laid down in Annex IV  (art. 3 p. 39 e-IDAS)..
  • Qualified electronic registered delivery service’ means an electronic registered delivery service which meets the requirements laid down in Article 44 e-IDAS;
  • Trust service, an electronic service that creates, validates, and verifies electronic signatures, time stamps, seals, and certificates. Also, a trust service may provide website authentication and preservation of created electronic signatures, certificates, and seals. It is handled by a trust service provider (art. 3 p. 16 e-IDAS).

 

Article 13 of e-IDAS also specifies that:

  1. trust service providers shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation.
  2. The burden of proving intention or negligence of a non-qualified trust service provider shall lie with the natural or legal person claiming the damage referred to in the first subparagraph.
  3. The intention or negligence of a qualified trust service provider shall be presumed unless that qualified trust service provider proves that the damage referred to in the first subparagraph occurred without the intention or negligence of that qualified trust service provider.
  4. Where trust service providers duly inform their customers in advance of the limitations on the use of the services they provide and where those limitations are recognisable to third parties, trust service providers shall not be liable for damages arising from the use of services exceeding the indicated limitations.

 

You can use Regulation on work with electronic documents, based on requirements of the Order of work with electronic documents or ajust ot to specifics of the organization of activity of your entity. 

The main functional advantages

  • trilingual register of contractors
  • data from the USR on counterparties registered in Ukraine are drawn from the USR
  • absolutely all CEPs issued in Ukraine are accepted;
  • automated register of documents;
  • in the document register you can store not only documents signed in InstaDoc, but also in other systems and just scans;
  • number, date and other attributes of the document generated in the system are automatically displayed in the register of documents;
  • a document signed by QES in InstaDoc can be sent to the counterparty simply by e-mail, so your counterparties do not have to use the same electronic document management system as you;
  • extremely flexible document designer allows you to configure the most complex templates of contracts without the help of technicians;
  • document template is an already prepared package of documents that are interconnected, when using the document designer you do not need to additionally link documents together.
  • integration with other systems

You can keep an electronic document flow at InstaDoc since today .

To register, follow the link.

Date of publication: 29.05.2022

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