Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures
Date: 1999-12-13
Institutions: Council of the European Union, European Parliament
Subjects: electronic signature, legal status, market access, single market

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DIRECTIVE 1999/93/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 1999

on a Community framework for electronic signatures

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European
Community, and in particular Articles 47(2), 55 and 95
thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1)

(2)

(3)

(4)

On 16 April 1997 the Commission presented to the
European Parliament, the Council, the Economic and
Social Committee and the Committee of the Regions a
Communication on a European Initiative in Electronic
Commerce;

On 8 October 1997 the Commission presented to the
European Parliament, the Council, the Economic and
Social Committee and the Committee of the Regions a
Communication on ensuring security and trust in elec-
tronic communication — towards a European frame-
work for digital signatures and encryption;

On 1 December 1997 the Council invited the Commis-
sion to submit as soon as possible a proposal for a
Directive of the European Parliament and of the Council
on digital signatures;

Electronic communication and commerce necessitate ‘
electronic signatures’ and related services allowing data
authentication; divergent rules with respect
to legal
recognition of electronic signatures and the accreditation
of certification-service providers in the Member States
may create a significant barrier to the use of electronic
communications and electronic commerce; on the other
hand, a clear Community framework regarding the
conditions
signatures will
strengthen confidence in, and general acceptance of, the
legislation in the Member States
new technologies;
should not hinder the free movement of goods and
services in the internal market;

to electronic

applying

(1) OJ C 325, 23.10.1998, p. 5.
(2) OJ C 40, 15.2.1999, p. 29.
(3) OJ C 93, 6.4.1999, p. 33.
(4) Opinion of

the European Parliament of 13 January 1999 (OJ C
104, 14.4.1999, p. 49), Council Common Position of 28 June 1999
(OJ C 243, 27.8.1999, p. 33) and Decision of the European Parlia-
ment of 27 October 1999 (not yet published in the Official
Journal). Council Decision of 30 November 1999.

The interoperability of electronic-signature products
should be promoted; in accordance with Article 14 of
the Treaty,
the internal market comprises an area
without internal frontiers in which the free movement of
goods is ensured; essential requirements specific to elec-
tronic-signature products must be met in order to ensure
free movement within the internal market and to build
in electronic signatures, without prejudice to
trust
Council Regulation (EC) No 3381/94 of 19 December
1994 setting up a Community regime for the control of
exports of dual-use goods (5) and Council Decision 94/
942/CFSP of 19 December 1994 on the joint action
adopted by the Council concerning the control of
exports of dual-use goods (6);

This Directive does not harmonise the provision of
services with respect to the confidentiality of informa-
tion where they are covered by national provisions
concerned with public policy or public security;

The internal market ensures the free movement of
persons, as a result of which citizens and residents of the
European Union increasingly need to deal with authori-
ties in Member States other than the one in which they
reside;
the availability of electronic communication
could be of great service in this respect;

Rapid technological development and the global char-
acter of the Internet necessitate an approach which is
open to various technologies and services capable of
authenticating data electronically;

Electronic signatures will be used in a large variety of
circumstances and applications, resulting in a wide range
of new services and products related to or using elec-
tronic signatures; the definition of such products and
services should not be limited to the issuance and
management of certificates, but should also encompass
any other service and product using, or ancillary to,
electronic signatures, such as registration services, time-
stamping services, directory services, computing services
or consultancy services related to electronic signatures;

enables

internal market

The
certification-service-
providers to develop their cross-border activities with a
view to increasing their competitiveness, and thus to
offer consumers and businesses new opportunities to
exchange information and trade electronically in a
secure way, regardless of frontiers; in order to stimulate
the Community-wide provision of certification services
over
certification-service-providers
should be free to provide their services without prior
authorisation; prior authorisation means not only any

networks,

open

(6)

(7)

(8)

(9)

(10)

(5) OJ L 367, 31.12.1994, p. 1. Regulation as amended by Regulation

(EC) No 837/95 (OJ L 90, 21.4.1995, p. 1).

(6) OJ L 367, 31.12.1994, p. 8. Decision as last amended by Decision

99/193/CFSP (OJ L 73, 19.3.1999, p. 1).

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permission whereby the certification-service-provider
concerned has to obtain a decision by national authori-
ties before being allowed to provide its certification
services, but also any other measures having the same
effect;

Voluntary accreditation schemes aiming at an enhanced
level of service-provision may offer certification-service-
providers the appropriate framework for developing
further their services towards the levels of trust, security
and quality demanded by the evolving market; such
schemes should encourage the development of best
practice
certi-
fication-service-providers should be left free to adhere to
and benefit from such accreditation schemes;

certification-service-providers;

among

Certification services can be offered either by a public
entity or a legal or natural person, when it is established
in accordance with the national law; whereas Member
States should not prohibit certification-service-providers
from operating outside voluntary accreditation schemes;
it should be ensured that such accreditation schemes do
not reduce competition for certification services;

(11)

(12)

(13) Member States may decide how they ensure the supervi-
sion of compliance with the provisions laid down in this
Directive; this Directive does not preclude the establish-
ment of private-sector-based supervision systems; this
Directive does not oblige certification-service-providers
to apply to be supervised under any applicable accredita-
tion scheme;

(14)

It is important to strike a balance between consumer
and business needs;

(15) Annex III covers requirements for secure signature-crea-
tion devices to ensure the functionality of advanced
electronic signatures; it does not cover the entire system
environment in which such devices operate; the func-
tioning of the internal market requires the Commission
and the Member States to act swiftly to enable the
bodies charged with the conformity assessment of secure
signature devices with Annex III to be designated;
in
order to meet market needs conformity assessment must
be timely and efficient;

(16)

This Directive contributes to the use and legal recogni-
tion of electronic signatures within the Community; a
regulatory framework is not needed for electronic signa-
tures exclusively used within systems, which are based
on voluntary agreements under private law between a
specified number of participants; the freedom of parties
to agree among themselves the terms and conditions
under which they accept electronically signed data
should be respected to the extent allowed by national
law; the legal effectiveness of electronic signatures used
in such systems and their admissibility as evidence in
legal proceedings should be recognised;

(17)

(18)

(19)

This Directive does not seek to harmonise national rules
concerning contract law, particularly the formation and
performance of contracts, or other formalities of a non-
contractual nature concerning signatures; for this reason
the provisions concerning the legal effect of electronic
signatures should be without prejudice to requirements
regarding form laid down in national law with regard to
the conclusion of contracts or the rules determining
where a contract is concluded;

The storage and copying of signature-creation data could
cause a threat to the legal validity of electronic signa-
tures;

Electronic signatures will be used in the public sector
within national and Community administrations and in
communications between such administrations and with
citizens and economic operators, for example in the
public procurement, taxation, social security, health and
justice systems;

(20) Harmonised criteria relating to the legal effects of elec-
tronic signatures will preserve a coherent legal frame-
work across the Community; national
law lays down
different requirements for the legal validity of hand-
written signatures; whereas certificates can be used to
confirm the identity of a person signing electronically;
advanced electronic signatures based on qualified certi-
ficates aim at a higher level of security; advanced elec-
tronic signatures which are based on a qualified certifi-
cate and which are created by a secure-signature-creation
device can be regarded as legally equivalent to hand-
written signatures only if the requirements for hand-
written signatures are fulfilled;

(21)

(22)

(23)

In order to contribute to the general acceptance of elec-
tronic authentication methods it has to be ensured that
electronic signatures can be used as evidence in legal
proceedings in all Member States; the legal recognition
of electronic signatures should be based upon objective
criteria and not be linked to authorisation of the certi-
fication-service-provider involved; national law governs
the legal spheres in which electronic documents and
electronic signatures may be used;
this Directive is
without prejudice to the power of a national court to
make a ruling regarding conformity with the require-
ments of this Directive and does not affect national rules
consideration of
regarding
evidence;

the unfettered judicial

Certification-service-providers providing
services to the public are subject
regarding liability;

certification-
to national rules

cross-border

arrangements

The development of international electronic commerce
requires
involving third
countries; in order to ensure interoperability at a global
level, agreements on multilateral rules with third coun-
tries on mutual
recognition of certification services
could be beneficial;

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(24)

(25)

(26)

(27)

(28)

to increase user confidence in electronic
In order
communication and electronic commerce, certification-
service-providers must observe data protection legisla-
tion and individual privacy;

Provisions on the use of pseudonyms in certificates
should not prevent Member States from requiring identi-
fication of persons pursuant to Community or national
law;

The measures necessary for the implementation of this
Directive are to be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1);

Two years after its implementation the Commission will
carry out a review of this Directive so as, inter alia, to
ensure that the advance of technology or changes in the
legal environment have not created barriers to achieving
the aims stated in this Directive; it should examine the
implications of associated technical areas and submit a
report to the European Parliament and the Council on
this subject;

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objective of creating a harmonised legal framework for
electronic signatures and related
the provision of
services cannot be sufficiently achieved by the Member
States and can therefore be better achieved by the
Community; this Directive does not go beyond what is
necessary to achieve that objective,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

The purpose of this Directive is to facilitate the use of elec-
tronic signatures and to contribute to their legal recognition. It
establishes a legal
framework for electronic signatures and
certain certification-services in order to ensure the proper func-
tioning of the internal market.

It does not cover aspects related to the conclusion and validity
of contracts or other legal obligations where there are require-
ments as regards form prescribed by national or Community
law nor does it affect rules and limits, contained in national or
Community law, governing the use of documents.

Article 2

Definitions

For the purpose of this Directive:

1.

‘electronic signature’ means data in electronic form which
are attached to or logically associated with other electronic
data and which serve as a method of authentication;

(1) OJ L 184, 17.7.1999, p. 23.

2.

‘advanced electronic signature’ means an electronic signa-
ture which meets the following requirements:

(a) it is uniquely linked to the signatory;

(b) it is capable of identifying the signatory;

(c) it is created using means that the signatory can main-

tain under his sole control; and

(d) it is linked to the data to which it relates in such a
manner that any subsequent change of the data is
detectable;

3.

4.

5.

6.

7.

8.

9.

‘signatory’ means a person who holds a signature-creation
device and acts either on his own behalf or on behalf of
the natural or legal person or entity he represents;

‘signature-creation data’ means unique data, such as codes
or private cryptographic keys, which are used by the signa-
tory to create an electronic signature;

‘signature-creation device’ means configured software or
hardware used to implement the signature-creation data;

‘secure-signature-creation device’ means a signature-crea-
tion device which meets the requirements laid down in
Annex III;

‘signature-verification-data’ means data, such as codes or
public cryptographic keys, which are used for the purpose
of verifying an electronic signature;

‘signature-verification device’ means configured software or
hardware used to implement
the signature-verification-
data;

‘certificate’ means an electronic attestation which links
signature-verification data to a person and confirms the
identity of that person;

10.

‘qualified certificate’ means a certificate which meets the
requirements laid down in Annex I and is provided by a
certification-service-provider who fulfils the requirements
laid down in Annex II;

11.

‘certification-service-provider’ means an entity or a legal or
natural person who issues certificates or provides other
services related to electronic signatures;

12.

13.

‘electronic-signature product’ means hardware or software,
or relevant components thereof, which are intended to be
used by a certification-service-provider for the provision of
electronic-signature services or are intended to be used for
the creation or verification of electronic signatures;

‘voluntary accreditation’ means any permission, setting out
rights and obligations specific to the provision of certi-
fication services, to be granted upon request by the certi-
fication-service-provider concerned, by the public or
private body charged with the elaboration of, and supervi-
sion of compliance with, such rights and obligations,
where the certification-service-provider is not entitled to
exercise the rights stemming from the permission until it
has received the decision by the body.

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Article 3

Market access

which they provide. Member States may not restrict the provi-
sion of certification-services originating in another Member
State in the fields covered by this Directive.

1. Member States shall not make the provision of certi-
fication services subject to prior authorisation.

shall ensure that electronic-signature
2. Member States
products which comply with this Directive are permitted to
circulate freely in the internal market.

2. Without prejudice to the provisions of paragraph 1,
Member States may introduce or maintain voluntary accredita-
tion schemes aiming at enhanced levels of certification-service
provision. All conditions related to such schemes must be
objective, transparent, proportionate and non-discriminatory.
Member States may not limit the number of accredited certi-
fication-service-providers for reasons which fall within the
scope of this Directive.

3.
Each Member State shall ensure the establishment of an
appropriate system that allows for supervision of certification-
service-providers which are established on its territory and
issue qualified certificates to the public.

4.
The conformity of secure signature-creation-devices with
the requirements laid down in Annex III shall be determined by
appropriate public or private bodies designated by Member
States. The Commission shall, pursuant to the procedure laid
down in Article 9, establish criteria for Member States to
determine whether a body should be designated.

A determination of conformity with the requirements laid
down in Annex III made by the bodies referred to in the first
subparagraph shall be recognised by all Member States.

5.
The Commission may, in accordance with the procedure
laid down in Article 9, establish and publish reference numbers
of generally recognised standards for electronic-signature prod-
ucts in the Official Journal of the European Communities. Member
States shall presume that there is compliance with the require-
ments laid down in Annex II, point (f), and Annex III when an
electronic signature product meets those standards.

6. Member States and the Commission shall work together
to promote the development and use of signature-verification
devices in the light of the recommendations for secure signa-
ture-verification laid down in Annex IV and in the interests of
the consumer.

7. Member States may make the use of electronic signatures
in the public sector subject to possible additional requirements.
transparent, propor-
Such requirements shall be objective,
tionate and non-discriminatory and shall relate only to the
specific characteristics of
the application concerned. Such
requirements may not constitute an obstacle to cross-border
services for citizens.

Article 4

Internal market principles

Article 5

Legal effects of electronic signatures

1. Member States shall ensure that advanced electronic
signatures which are based on a qualified certificate and which
are created by a secure-signature-creation device:

(a) satisfy the legal requirements of a signature in relation to
data in electronic form in the same manner as a hand-
written signature satisfies those requirements in relation to
paper-based data; and

(b) are admissible as evidence in legal proceedings.

2. Member States shall ensure that an electronic signature is
not denied legal effectiveness and admissibility as evidence in
legal proceedings solely on the grounds that it is:

— in electronic form, or

— not based upon a qualified certificate, or

— not based upon a qualified certificate issued by an accred-

ited certification-service-provider, or

— not created by a secure signature-creation device.

Article 6

Liability

1.
As a minimum, Member States shall ensure that by
issuing a certificate as a qualified certificate to the public or by
guaranteeing such a certificate to the public a certification-
service-provider is liable for damage caused to any entity or
legal or natural person who reasonably relies on that certificate:

(a) as regards the accuracy at

issuance of all
information contained in the qualified certificate and as
regards the fact that the certificate contains all the details
prescribed for a qualified certificate;

the time of

(b) for assurance that at the time of the issuance of the certifi-
cate, the signatory identified in the qualified certificate held
the signature-creation data corresponding to the signature-
verification data given or identified in the certificate;

(c) for assurance that the signature-creation data and the signa-
ture-verification data can be used in a complementary
manner in cases where the certification-service-provider
generates them both;

1.
Each Member State shall apply the national provisions
which it adopts pursuant to this Directive to certification-
service-providers established on its territory and to the services

unless the certification-service-provider proves that he has not
acted negligently.

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As a minimum Member States shall ensure that a certi-
2.
fication-service-provider who has issued a certificate as a quali-
fied certificate to the public is liable for damage caused to any
entity or legal or natural person who reasonably relies on the
certificate for failure to register revocation of the certificate
unless the certification-service-provider proves that he has not
acted negligently.

3. Whenever the Commission is informed of any difficulties
encountered by Community undertakings with respect
to
market access in third countries, it may, if necessary, submit
proposals to the Council for an appropriate mandate for the
negotiation of comparable rights for Community undertakings
in these third countries. The Council shall decide by qualified
majority.

3. Member States shall ensure that a certification-service-
provider may indicate in a qualified certificate limitations on
the use of that certificate. provided that the limitations are
recognisable to third parties. The certification-service-provider
shall not be liable for damage arising from use of a qualified
certificate which exceeds the limitations placed on it.

4. Member States shall ensure that a certification-service-
provider may indicate in the qualified certificate a limit on the
value of transactions for which the certificate can be used,
provided that the limit is recognisable to third parties.

The certification-service-provider shall not be liable for damage
resulting from this maximum limit being exceeded.

5.
The provisions of paragraphs 1 to 4 shall be without
prejudice to Council Directive 93/13/EEC of 5 April 1993 on
unfair terms in consumer contracts (1).

Article 7

International aspects

1. Member States shall ensure that certificates which are
issued as qualified certificates to the public by a certification-
service-provider established in a third country are recognised as
legally equivalent to certificates issued by a certification-service-
provider established within the Community if:

(a) the certification-service-provider fulfils the requirements
laid down in this Directive and has been accredited under a
voluntary accreditation scheme established in a Member
State; or

(b) a

certification-service-provider

established within the
Community which fulfils the requirements laid down in
this Directive guarantees the certificate; or

(c) the certificate or the certification-service-provider is recog-
nised under a bilateral or multilateral agreement between
the Community and third countries or international organ-
isations.

2.
In order to facilitate cross-border certification services
with third countries and legal recognition of advanced elec-
tronic signatures originating in third countries, the Commis-
sion shall make proposals, where appropriate, to achieve the
effective implementation of standards and international agree-
ments applicable to certification services.
In particular, and
where necessary, it shall submit proposals to the Council for
appropriate mandates for the negotiation of bilateral and multi-
lateral agreements with third countries and international organ-
isations. The Council shall decide by qualified majority.

Measures taken pursuant to this paragraph shall be without
prejudice to the obligations of the Community and of the
Member States under relevant international agreements.

Article 8

Data protection

1. Member States
shall ensure that certification-service-
providers and national bodies responsible for accreditation or
laid down in
supervision comply with the requirements
Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on tile protection of individuals
with regard to the processing of personal data and on the free
movement of such data (2).

2. Member States shall ensure that a certification-service-
provider which issues certificates to the public may collect
personal data only directly from the data subject, or after the
explicit consent of the data subject, and only insofar as it is
necessary for the purposes of
issuing and maintaining the
certificate. The data may not be collected or processed for any
other purposes without the explicit consent of the data subject.

3. Without prejudice to the legal effect given to pseudonyms
under national
law, Member States shall not prevent certi-
fication service providers from indicating in the certificate a
pseudonym instead of the signatory's name.

Article 9

Committee

The Commission shall be assisted by an ‘Electronic-Signa-

1.
ture Committee’, hereinafter referred to as ‘the committee’.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its own rules of procedure.

Article 10

Tasks of the committee

The committee shall clarify the requirements laid down in the
Annexes of this Directive, the criteria referred to in Article 3(4)
and the generally recognised standards for electronic signature
products established and published pursuant to Article 3(5), in
accordance with the procedure laid down in Article 9(2).

(1) OJ L 95, 21.4.1993, p. 29.

(2) OJ L 281, 23.11.1995, p. 31.

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Article 11

Notification

1. Member States shall notify to the Commission and the
other Member States the following:

(a) information on national voluntary accreditation schemes,
including any additional requirements pursuant to Article
3(7);

(b) the names and addresses of the national bodies responsible
for accreditation and supervision as well as of the bodies
referred to in Article 3(4);

(c) the names and addresses of all accredited national certi-

fication service providers.

2.
Any information supplied under paragraph 1 and
changes in respect of that information shall be notified by the
Member States as soon as possible.

Article 12

Review

The Commission shall

1.
this
Directive and report thereon to the European Parliament and to
the Council by 19 July 2003 at the latest.

review the operation of

Article 13

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 19 July 2001. They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of domestic law which they adopt
in the field governed by this Directive.

Article 14

Entry into force

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities

Article 15

Addressees

This Directive is addressed to the Member States.

2.
The review shall inter alia assess whether the scope of
this Directive should be modified, taking account of technolog-
ical, market and legal developments. The report shall in partic-
ular include an assessment, on the basis of experience gained,
of aspects of harmonisation. The report shall be accompanied,
where appropriate, by legislative proposals.

Done at Brussels, 13 December 1999.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

S. HASSI

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ANNEX I

Requirements for qualified certificates

Qualified certificates must contain:

(a) an indication that the certificate is issued as a qualified certificate;

(b) the identification of the certification-service-provider and the State in which it is established;

(c) the name of the signatory or a pseudonym, which shall be identified as such;

(d) provision for a specific attribute of the signatory to be included if relevant, depending on the purpose for which the

certificate is intended;

(e) signature-verification data which correspond to signature-creation data under the control of the signatory;

(f) an indication of the beginning and end of the period of validity of the certificate;

(g) the identity code of the certificate;

(h) the advanced electronic signature of the certification-service-provider issuing it;

(i) limitations on the scope of use of the certificate,

if applicable; and

(j) limits on the value of transactions for which the certificate can be used,

if applicable.

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ANNEX II

Requirements for certification-service-providers issuing qualified certificates

Certification-service-providers must:

(a) demonstrate the reliability necessary for providing certification services;

(b) ensure the operation of a prompt and secure directory and a secure and immediate revocation service;

(c) ensure that the date and time when a certificate is issued or revoked can be determined precisely;

(d) verify, by appropriate means in accordance with national law, the identity and, if applicable, any specific attributes of

the person to which a qualified certificate is issued;

(e) employ personnel who possess the expert knowledge, experience, and qualifications necessary for the services
provided, in particular competence at managerial level, expertise in electronic signature techology and familiarity with
proper security procedures; they must also apply administrative and management procedures which are adequate and
correspond to recognised standards;

(f) use trustworthy systems and products which are protected against modification and ensure the technical and

cryptographic security of the process supported by them;

(g) take measures against forgery of certificates, and, in cases where the certification-service-provider generates signature-

creation data, guarantee confidentiality during the process of generating such data;

(h) maintain sufficient financial resources to operate in conformity with the requirements laid down in the Directive, in

particular to bear the risk of liability for damages, for example, by obtaining appropriate insurance;

(i) record all relevant information concerning a qualified certificate for an appropriate period of time, in particular for the
purpose of providing evidence of certification for the purposes of legal proceedings. Such recording may be done
electronically;

(j) not store or copy signature-creation data of the person to whom the certification-service-provider provided key

management services;

(k) before entering into a contractual relationship with a person seeking a certificate to support his electronic signature
inform that person by a durable means of communication of the precise terms and conditions regarding the use of
the certificate, including any limitations on its use, the existence of a voluntary accreditation scheme and procedures
for complaints and dispute settlement. Such information, which may be transmitted electronically, must be in writing
and in redily understandable language. Relevant parts of this information must also be made available on request to
third-parties relying on the certificate;

(l) use trustworthy systems to store certificates in a verifiable form so that:

— only authorised persons can make entries and changes,

— information can be checked for authenticity,

— certificates are publicly available for retrieval in only those cases for which the certificate-holder's consent has been

obtained, and

— any technical changes compromising these security requirements are apparent to the operator.

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ANNEX III

Requirements for secure signature-creation devices

1. Secure signature-creation devices must, by appropriate technical and procedural means, ensure at the least that:

(a) the signature-creation-data used for signature generation can practically occur only once, and that their secrecy is

reasonably assured;

(b) the signature-creation-data used for signature generation cannot, with reasonable assurance, be derived and the

signature is protected against forgery using currently available technology;

(c) the signature-creation-data used for signature generation can be reliably protected by the legitimate signatory

against the use of others.

2. Secure signature-creation devices must not alter the data to be signed or prevent such data from being presented to the

signatory prior to the signature process.

ANNEX IV

Recommendations for secure signature verification

During the signature-verification process it should be ensured with reasonable certainty that:

(a) the data used for verifying the signature correspond to the data displayed to the verifier;

(b) the signature is reliably verified and the result of that verification is correctly displayed;

(c) the verifier can, as necessary, reliably establish the contents of the signed data;

(d) the authenticity and validity of the certificate required at the time of signature verification are reliably verified;

(e) the result of verification and the signatory's identity are correctly displayed;

(f) the use of a pseudonym is clearly indicated; and

(g) any security-relevant changes can be detected.