Electronic registered delivery services (ERDS) in light of the eidas regulation. Warsaw Common Sign Conference 2015

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1 Electronic registered delivery services (ERDS) in light of the eidas regulation Warsaw Common Sign Conference 2015

2 ! 1. e-delivery and the eidas regulation - EU legislative framework - French legislative framework! 2. Ongoing e-sens project in France to prepare the eidas regulation - In partnership with Germany - And other Member States! 3. Further steps needed for a trully interoperable ERDS on the European level - in the field of standardization - Ongoing debate on Implementing Acts 2

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4 What is e-delivery? «What is electronic delivery? It is a service that, to a certain extent, is the equivalent in the digital world of registered mail in the physical world. At the moment the legal effect of the "registration" of an stops at the border of the Member State of origin of an unless the Member State of destination recognizes the registered nature of the .» Source : Memo 12/403 of the European Commission, «Electronic identification, signatures and trust services: Questions & Answers», June 4th,

5 ERDS in eidas Initial version of eidas regulation in 2012 Definition (art 3) (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 unauthorised alterations; Requirements for qualified electronic delivery services (art 36) 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. Final version of eidas regulation in 2014 Definition (art 3) (36) electronic registered delivery service means a service that makes it possible to transmit data between third parties by electronic means and ( idem) Requirements for qualified electronic delivery services (art 36) 1. Qualified electronic registered delivery services shall meet the following requirements:! (a) they are provided by one or more qualified trust service provider(s);! (b) they ensure with a high level of confidence the identification of the sender;! (c) they ensure the identification of the addressee before the delivery of the data;! (d) the sending and receiving of data is secured by an advanced electronic signature or an advanced electronic seal of a qualified trust service provider in such a manner as to preclude the possibility of the data being changed undetectably;! (e) any change of the data needed for the purpose of sending or receiving the data is clearly indicated to the sender and addressee of the data;! (f) the date and time of sending, receiving and any change of data are indicated by a qualified electronic time stamp.! In the event of the data being transferred between two or more qualified trust service providers, the requirements in points (a) to (f) shall apply to all the qualified trust service providers. 5

6 ! Civil Code - Art (2011): Legislative framework for ERDS used for commercial contracts B2C, C2C, B2B relations! Ordonnance on State-citizens relations (2014) : Legislative framework for teleservices with the same value as ERDS C2A, A2C relations A2C, A2B, B2B, B2C, C2C relations! «Projet de loi pour une république numérique» Draft law under discussion for a harmonized framework on ERDS for citizens & companies 6

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8 ! Domain: WP5.4 Business Lifecycle! Cross border communication using existing national electronic Delivery solutions.! Sending receipts, acknowledgments or confirmations legally binding and directly to the end user.! Analysing required standards and rules from an interoperability perspective regarding standardisation on e-delivery in ETSI in the context of eidas. 8

9 Coordinator of the project French and German Industrial Partners Austrian public-private partner German and French administrations 9

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11 ! At ETSI A Special Report (SR ) on ERDS is publicly available on ETSI website. Specialist Task Force (STF) will be set-up to work on ERDS, in collaboration with CEN TC 331 WG2, UPU, e-sens and others.! At CEN TS on registered electronic mail (open to all operators, not only postal)! At UPU S52 on postal electronic registered mail 14

12 ! France and Germany believe that the Commission should draft an Implementing Act for e-delivery to promote alignment among implementations of e-delivery in different Member States.! The Commission is currently assessing candidate standards including those for e-delivery, with the support of ENISA.! Nevertheless, availability and compatibility of standards with the requirements of the Regulation is a necessary for the adoption of Implementing Acts.! Other parameters such as 'market needs' must also be taken into account before taking a decision 15

13 New eidas technical subgroup on e-delivery Agenda for next meeting (November 2015) Presentations of some examples of edelivery work in MSs; Presentation of edelivery within the context of the postal sector; Presentation and round table on standards/ technical specifications for edelivery; Discussion on the way forward regarding a possible Implementing Act for edelivery; Presentation about how CEF edelivery is being implemented in different domains: ejustice, eprocurement, within esens, etc.; Preparation of the questionnaire requested during the meeting. 16

14 ! Thank you for your attention 17