(fra kommisjonsforordningen)

(1) Qualified certificates for electronic signatures and qualified certificates for electronic seals play a crucial role in the digital business environment by promoting the transition from traditional paper-based processes to electronic equivalent ones. By linking electronic signature validation data or electronic seal validation data to a natural or legal person respectively and by confirming the name of that person, qualified certificates enhance the certainty regarding the identity of the signatory and of the seal creator.

(2) The presumption of compliance laid down in Article 28(6) and Article 38(6) of Regulation (EU) No 910/2014 should only apply where qualified trust services for the issuance of qualified certificates for electronic signatures and qualified trust services for the issuance of qualified certificates for electronic seals comply with the standards set out in this Regulation. These standards should reflect established practices and be widely recognised within the relevant sectors. They should be adapted to include additional controls ensuring the security and trustworthiness of the qualified trust services and of the content of the qualified certificates.

(3) If a trust service provider adheres to the requirements set out in the Annex to this Regulation, supervisory bodies should presume compliance with the relevant requirements of Regulation (EU) No 910/2014 and duly consider such presumption for granting or confirming the qualified status of the trust service. However, a qualified trust services provider may still rely on other practices to demonstrate compliance with the requirements of the Regulation (EU) No 910/2014.

(4) The Commission regularly assesses new technologies, practices, standards or technical specifications. In accordance with recital 75 of Regulation (EU) 2024/1183 of the European Parliament and of the Council (2), the Commission should review and update this Regulation, if necessary, to keep it in line with global developments, new technologies, standards or technical specifications and to follow the best practices on the internal market.

(5) Regulation (EU) 2016/679 of the European Parliament and of the Council (3) and, where relevant, Directive 2002/58/EC of the European Parliament and of the Council (4) apply to the personal data processing activities under this Regulation.

(6) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (5) and delivered its opinion on 6 June 2025.

(7) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 48 of Regulation (EU) No 910/2014,