eIdAS and electronic certificates for legal persons and entities without legal personality

By Thursday February 2nd, 2017 July 23rd, 2018 Electronic Certificates

On July 1st 2016, Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services in electronic transactions in the internal market will be applicable and the Directive 1999/93 / EC will be repealed.

This Regulation does not foresee the issuance of electronic signature certificates in favor of legal persons or entities without legal personality. Legal entities and entities without legal personality only have electronic stamps, which allow them to prove the authenticity of the origin and the integrity of the sealed document.

Since it is directly applicable, without any need of internal transposition, the Community Regulation will, from July 1st, replace the provisions of Law 59/2003, of December19th, which oppose to its content, including those relating to electronic certificates of legal entities and entities without legal personality.

For this reason, electronic signature certificates of legal entities and entities without legal personality must be issued before July 1, 2016.

Instead, electronic stamp certificates or signature certificates of individual representative of a legal person or entity without legal personality may be issued.

Legal person certificates and of entity without legal personality issued before July 1, 2016 may continue to be used until their expiration or revocation, but may not be renewed after that date.

Certificates issued as recognized shall be listed in the national database and in the Certification Service Providers trusted list as unrecognized certificates, as foresseen in Commission Implementing Decision (EU) 2015/1505 of September 8 2015 laying down technical specifications and formats related to trusted lists in accordance with Article 22 (5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trusted services for electronic transactions in the internal market.

Leave a Reply