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The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016

Sections64
2016 No. 696

Electronic Communications

The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016

Made30th June 2016
Laid before Parliament1st July 2016
Coming into force22nd July 2016
The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to electronic trust services and other systems to facilitate electronic transactions in the internal market.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the reference to Regulation (EU) No 910/2014 M3 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market to be construed as a reference to that instrument as amended from time to time.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M4 of Schedule 2 to, the European Communities Act 1972.

PART 1  Introduction

1 Citation and Commencement

These Regulations may be cited as the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 and come into force on 22nd July 2016.

2 Interpretation

1 In these Regulations—
  • F1...
  • the “2002 Regulations” means the Electronic Signatures Regulations 2002 M5;
  • “eIDAS Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market M6, as amended from time to time;
  • “supervisory body” has the meaning given in regulation 3(1) of these Regulations;
  • “the Tribunal” has the meaning given in section 70(1) M7 of the 1998 Act.
2 Other expressions used in these Regulations, which are used in the eIDAS Regulation, have the same meaning as in the eIDAS Regulation.
3 References in these regulations to a period expressed in days or years are to be interpreted in accordance with Article 3 of Regulation (EEC, Euratom) No. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits.

PART 2  Supervisory body

3 Supervision

1 The Information Commissioner is the supervisory body and must carry out the supervisory body tasks set out in Article 17 of the eIDAS Regulation.
2 The supervisory body must enforce these Regulations and Chapter III of the eIDAS Regulation.
3 Schedules 1 (monetary penalties) and 2 (enforcement powers of the Information Commissioner F2...) have effect.

PART 3  Miscellaneous

4 Transitional provisions and revocations

1 The Electronic Signatures Regulations 2002 are revoked.
2 For the purposes of these Regulations, a qualified certificate issued pursuant to regulation 2 of the 2002 Regulations is to be treated as a qualified certificate for electronic signature pursuant to Article 3(15) of the eIDAS Regulation until it expires.

5 Consequential amendments

Schedule 3 has effect.

6 Review

1 The Secretary of State must from time to time—
a carry out a review of these Regulations;
b set out the conclusions of the review in a report; and
c publish the report.
F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The report must in particular—
a set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b assess the extent to which those objectives are achieved; and
c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.
4 The first report under this regulation must be published before the end of the period of 5 years beginning with the day on which these Regulations come into force.
5 Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

SCHEDULE 1 

Monetary penalties

Regulation 3(3)

1If the supervisory body is satisfied that a trust service provider has contravened or is contravening Chapter III of the eIDAS Regulation, the supervisory body may issue a trust service provider with a fixed monetary penalty notice in respect of such contravention.
2The amount of a fixed monetary penalty under these Regulations is £1000.
3Before serving a fixed monetary penalty notice, the supervisory body must serve the trust service provider with a notice of intent.
4The notice of intent must—
a state the name and address of the trust service provider;
b state the nature of the contravention;
c indicate the amount of the fixed monetary penalty;
d include a statement informing the trust service provider of the opportunity to discharge liability for the fixed monetary penalty notice;
e indicate the date on which the supervisory body proposes to serve the fixed monetary penalty notice; and
f inform the trust service provider that it may make written representations in relation to the proposal to serve a fixed monetary penalty notice within the period of 21 days beginning when the notice of intent is served.
5A trust service provider may discharge liability for the fixed monetary penalty if it pays to the supervisory body the amount of £800 within the period of 21 days beginning when the notice of intent is received.
6The supervisory body may not serve a fixed monetary penalty notice until the expiry of the period of 21 days beginning when the notice of intent is served.
7The fixed monetary penalty notice must state—
a the name and address of the trust service provider;
b details of the notice of intent served on the trust service provider;
c whether there have been any written representations;
d details of any early payment discounts;
e the grounds on which the supervisory body imposes the fixed monetary penalty;
f the date by which the fixed monetary penalty is to be paid; and
g details of, including the time limit for, the trust service provider's right of appeal against the imposition of the fixed monetary penalty.
8A trust service provider on whom a fixed monetary penalty is served may appeal to the Tribunal against the issue of the fixed monetary penalty notice.
9Any sum received by the supervisory body by virtue of this Schedule must be paid into the Consolidated Fund.
10In England and Wales and Northern Ireland, the fixed monetary penalty is recoverable—
a if a county court so orders, under an order of that court;
b if the High Court so orders, under an order of that court.
11In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

SCHEDULE 2 

Information Commissioner's enforcement powers

Provisions applied for enforcement purposes

1For the purposes of enforcing these Regulations and the eIDAS Regulation, the following provisions of Parts 5 to 7 of the Data Protection Act 2018 apply with the modifications set out in paragraphs 2 to 26—
a section 140 (publication by the Commissioner);
b section 141A (notices from the Commissioner);
c section 142 (information notices);
d section 143 (information notices: restrictions);
e section 144 (false statements made in response to an information notice);
f section 145 (information orders);
g section 146 (assessment notices);
ga section 146A (assessment notices: approval of person to prepare report etc);
h section 147 (assessment notices: restrictions);
i section 148 (destroying or falsifying information and documents etc);
ia section 148A (interview notices);
ib section 148B (interview notices: restrictions);
ic section 148C (false statements made in response to interview notices);
j section 149 (enforcement notices);
k section 150 (enforcement notices: supplementary);
l section 152 (enforcement notices: restrictions);
m section 153 (enforcement notices: cancellation and variation);
n section 154 and Schedule 15 (powers of entry and inspection);
o section 155 and Schedule 16 (penalty notices);
p section 156(4)(a) (penalty notices: restrictions);
q section 157 (maximum amount of penalty);
r section 159 (amount of penalties: supplementary);
s section 160 (guidance about regulatory action);
t section 161 (approval of first guidance about regulatory action);
u section 162 (rights of appeal);
v section 163 (determination of appeals);
w section 164 (applications in respect of urgent notices);
x section 180 (jurisdiction);
y section 182(1), (2), (5), (7) and (13) (regulations and consultation);
z section 196 (penalties for offences);
z1 section 197 (prosecution);
z2 section 202 (proceedings in the First-tier Tribunal: contempt);
z3 section 203 (Tribunal Procedure Rules).

General modification of references to the Data Protection Act 2018

2The provisions listed in paragraph 1 have effect as if—
a references to the Data Protection Act 2018 were references to the provisions of that Act as applied by these Regulations;
b references to a particular provision of that Act were references to that provision as applied by these Regulations.

Modification of section 142 (information notices)

3
1 Section 142 has effect as if subsections (9) and (10) were omitted.
2 In that section, subsection (1) has effect as if—
a in paragraph (a)—
i for “controller or processor” there were substituted “ trust service provider ”;
ii for “the data protection legislation” there were substituted “ the eIDAS Regulation and the EITSET Regulations ”;
b paragraph (b) were omitted.
3 In that section, subsection (2) has effect as if paragraph (a) were omitted.

Modification of section 143 (information notices: restrictions)

4
1 Section 143 has effect as if subsections (1) and (9) were omitted.
2 In that section—
a subsections (3)(b) and (4)(b) have effect as if for “the data protection legislation” there were substituted “ the eIDAS Regulation or the EITSET Regulations ”;
b subsection (7)(a) has effect as if for “this Act” there were substituted “ section 144 , 148 or 148C or paragraph 15 of Schedule 15 ”;
c subsection (8) has effect as if for “this Act (other than an offence under section 144)” there were substituted “ section 148 or 148C or paragraph 15 of Schedule 15 ”.

Modification of section 145 (information orders)

5Section 145(2)(b) has effect as if for “section 142(2)(b)” there were substituted “ section 142(2) ”.

Modification of section 146 (assessment notices)

6
1 Section 146 has effect as if subsection (11) were omitted.
2 In that section—
a subsection (1) has effect as if—
i for “controller or processor” (in both places) there were substituted “trust service provider”;
ii for “the data protection legislation” there were substituted “the eIDAS requirements”;
b subsection (2) has effect as if—
i for “controller or processor” there were substituted “trust service provider”;
ii paragraphs (h) and (i) were omitted;
c subsections (3A), (7), (8), (9), (10) and (11A) have effect as if for “controller or processor” (in each place) there were substituted “trust service provider”.
d subsection (9)(a) has effect as if for “as described in section 149(2) or that an offence under this Act” there were substituted “to comply with the eIDAS requirements or that an offence under section 144 , 148 or 148C or paragraph 15 of Schedule 15”.

Modification of section 146A (assessment notices: approval of person to prepare report etc)

6ASection 146A has effect as if for “controller or processor” (in each place) there were substituted “trust service provider”.

Modification of section 147 (assessment notices: restrictions)

7
1 Section 147 has effect as if subsections (5) and (6) were omitted.
2 In that section, subsections (2)(b) and (3)(b) have effect as if for “the data protection legislation” there were substituted “ the eIDAS Regulation or the EITSET Regulations ”.

Modification of section 148A (interview notices)

7ASection 148A has effect as if—
a in subsection (1)—
i for “controller or processor” there were substituted “trust service provider”;
ii in paragraph (a), for “as described in section 149(2)” there were substituted “to comply with the eIDAS requirements”;
iii in paragraph (b), for “this Act” there were substituted “section 144, 148 or 148C or paragraph 15 of Schedule 15”;
b in subsection (3), for “controller or processor” (in each place) there were substituted “trust service provider”.

Modification of section 148B (interview notices: restrictions)

7B
1 Section 148B has effect as if subsections (8) and (9) were omitted.
2 In that section—
a subsections (2)(b) and (3)(b) have effect as if for “the data protection legislation” there were substituted “the eIDAS Regulation or the EITSET Regulations”;
b subsection (6)(a) has effect as if for “this Act” there were substituted “section 144, 148 or 148C or paragraph 15 of Schedule 15”;
c subsection (7) has effect as if for “this Act (other than an offence under section 148C)” there were substituted “section 144 or 148 or paragraph 15 of Schedule 15”.

Modification of section 149 (enforcement notices)

8
1 Section 149 has effect as if subsections (2) to (5) and (7) to (9) were omitted.
2 In that section—
a subsection (1) has effect as if—
i for “as described in subsection (2), (3), (4) or (5)” there were substituted “ to comply with the eIDAS requirements ”;
ii for “sections 150 and 151” there were substituted “ section 150 ”;
b subsection (6) has effect as if the words “given in reliance on subsection (2), (3) or (5)” were omitted.

Modification of section 150 (enforcement notices: supplementary)

9
1 Section 150 has effect as if subsection (3) were omitted.
2 In that section, subsection (2) has effect as if the words “in reliance on section 149(2)” and “or distress” were omitted.

Modification of section 152 (enforcement notices: restrictions)

10Section 152 has effect as if subsections (1), (2) and (4) were omitted.

Withdrawal notices

11The provisions listed in paragraph 1 have effect as if after section 153 there were inserted—

Modification of Schedule 15 (powers of entry and inspection)

12
1 Schedule 15 has effect as if paragraph 3 were omitted.
2 Paragraph 1(1) of that Schedule (issue of warrants in connection with non-compliance and offences) has effect as if for paragraph (a) (but not the final “and”) there were substituted—
.
3 Paragraph 2 of that Schedule (issue of warrants in connection with assessment notices) has effect as if—
a in sub-paragraphs (1) and (2), for “controller or processor” there were substituted “ trust service provider ”;
b in sub-paragraph (2), for “the data protection legislation” there were substituted “ the eIDAS requirements ”.
4 Paragraph 5 of that Schedule (content of warrants) has effect as if—
a in sub-paragraph (1)(c), for “the processing of personal data” there were substituted “ the provision of trust services ”;
b in sub-paragraph (2)(d)—
i for “controller or processor” there were substituted “ trust service provider ”;
ii for “as described in section 149(2)” there were substituted “ to comply with the eIDAS requirements ”;
c in sub-paragraph (3)(a) and (d)—
i for “controller or processor” there were substituted “ trust service provider ”;
ii for “the data protection legislation” there were substituted “ the eIDAS requirements ”.
5 Paragraph 11 of that Schedule (privileged communications) has effect as if, in sub-paragraphs (1)(b) and (2)(b), for “the data protection legislation” there were substituted “ the eIDAS Regulation or the EITSET Regulations ”.

Modification of section 155 (penalty notices)

13
1 Section 155 has effect as if subsections (1)(a), (2)(a), (3)(g), (4) and (6) to (8) were omitted.
2 Subsection (2) of that section has effect as if—
a the words “Subject to subsection (4),” were omitted;
b in paragraph (b), the words “to the extent that the notice concerns another matter,” were omitted.
3 Subsection (3) of that section has effect as if—
a for “controller or processor”, in each place, there were substituted “ trust services provider ”;
b in paragraph (c), the words “or distress” were omitted;
c in paragraph (c), for the words from “data subjects” to the end there were substituted “ relying parties ”;
d in paragraph (d), for “section 57, 66, 103 or 107” there were substituted “ Article 19(1) of the eIDAS Regulation ”.

Modification of Schedule 16 (penalties)

14Schedule 16 has effect as if paragraphs 3(2)(b) and 5(2)(b) were omitted.

Modification of section 157 (maximum amount of penalty)

15Section 157 has effect as if subsections (1) to (3) and (6) were omitted.

Modification of section 159 (amount of penalties: supplementary)

16Section 159 has effect as if—
a in subsection (1), the words “Article 83 of the UK GDPR and” were omitted;
b in subsection (2), the words “Article 83 of the UK GDPR ” and “and section 158” were omitted.

Modification of section 160 (guidance about regulatory action)

17
1 Section 160 has effect as if subsections (5) and (12) were omitted.
2 In that section, subsection (4)(f) has effect as if for “controllers and processors” there were substituted “ trust service providers ”.

Modification of section 162 (rights of appeal)

18
1 Section 162 has effect as if subsection (4) were omitted.
2 In that section, subsection (1) has effect as if, after paragraph (c), there were inserted—
.

Modification of section 163 (determination of appeals)

19Section 163 has effect as if subsection (6) were omitted.

Modification of section 180 (jurisdiction)

20
1 Section 180 has effect as if subsections (2)(d) and (e) and (3) were omitted.
2 Subsection (1) of that section has effect as if for “subsections (3) and (4)” there were substituted “ subsection (4) ”.

F15...

F1521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of section 196 (penalties for offences)

22
1 Section 196 has effect as if subsections (3) to (5) were omitted.
2 In that section—
a subsection (1) has effect as if the words “section 119 or 173 or” were omitted;
b subsection (2) has effect as if for “section 132, 144, 148 , 148C, 170, 171 or 184” there were substituted “ section 144 , 148 or 148C”.

Modification of section 197 (prosecution)

23Section 197 has effect as if subsections (3) to (6) were omitted.

Modification of section 202 (proceedings in the First-tier Tribunal: contempt)

24Section 202 has effect as if in subsection (1)(a), for sub-paragraphs (i) and (ii) there were substituted “ on an appeal under section 162 ”.

Modification of section 203 (Tribunal Procedure Rules)

25Section 203 has effect as if—
a in subsection (1), for paragraphs (a) and (b) there were substituted “ the exercise of the rights of appeal conferred by section 162 ”;
b in subsection (2)(a) and (b), for “the processing of personal data” there were substituted “ the provision of trust services ”.

Approval of first guidance about regulatory action

26
1 This paragraph applies if the first guidance produced under section 160(1) of the Data Protection Act 2018 and the first guidance produced under that provision as applied by this Schedule are laid before Parliament as a single document (“the combined guidance”).
2 Section 161 of that Act (including that section as applied by this Schedule) has effect as if the references to “the guidance” were references to the combined guidance, except in subsections (2)(b) and (4).
3 Nothing in subsection (2)(a) of that section (including as applied by this Schedule) prevents another version of the combined guidance being laid before Parliament.
4 Any duty under subsection (2)(b) of that section (including as applied by this Schedule) may be satisfied by producing another version of the combined guidance.

Interpretation

27In this Schedule—
  • “the eIDAS requirements” means the requirements of Chapter III of the eIDAS Regulation;
  • “the EITSET Regulations” means these Regulations;
  • “withdrawal notice” has the meaning given in section 153A of the Data Protection Act 2018 (as inserted in that Act by this Schedule).

SCHEDULE 3 

Consequential Amendments

Regulation 5

1 Electronic Communications Act 2000

1 The Electronic Communications Act 2000 M8 is amended as set out below.
2 In section 7(2)(b), for paragraph (b) substitute—
3 In section 7(3), for the words “establishing the authenticity of the communication or data, the integrity of the communication or data, or both”, substitute “ signing ”.
4 After section 7, insert—
.

2 Medicines for Human Use (Clinical Trials) Regulations 2004

In regulation 2(1) (interpretation) of the Medicines for Human Use (Clinical Trials) Regulations 2004 M9—
a for the definition “electronic signature”, substitute—
; and
b after the definition of “serious adverse event”, insert—
.

3 National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

In regulation 2(1) (interpretation) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 M10 for the definition of “advanced electronic signature”, substitute—
.

4 National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

In regulation 2 (interpretation) of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 M12 for the definition of “advanced electronic signature”, substitute—
.

5 Hazardous Waste (Wales) Regulations 2005

In the Hazardous Waste (Wales) Regulations 2005 M13—
a in the Welsh language text, for regulation 5(3)(ch) (general interpretation) substitute—
; and
b in the English language text, for regulation 5(3)(d) (general interpretation) substitute—
.

6 Producer Responsibility Obligations (Packaging Waste) Regulations 2007

In regulation 2 (interpretation and notices) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M14—
a in regulation 2(2), after the definition “SIC code”, insert the definition—
; and
b in regulation 2(5)(d) for the definition “electronic signature”, substitute—
.

F77 Defence and Security Public Contracts Regulations 2011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Human Medicines Regulations 2012

1 In regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012 M15, after the definition “electronic communication”, insert—
.
2 In regulation 219(5) (electronic prescriptions) of the Human Medicines Regulations 2012, for the definition of “advanced electronic signature”, substitute—
.

9 National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

In regulation 2(1) (interpretation) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 M16—
a for the definition of “advanced electronic signature”, substitute—
;
b after the definition “electronic repeatable prescription”, insert—
; and
c after the definition “scheme premises” insert—
.

10 National Health Service (Pharmaceutical Services) (Wales) Regulations 2013

In the National Health Service (Pharmaceutical Service) (Wales) Regulations 2013 M17—
a in the English language text, in regulation 2(1) (interpretation), for the definition “advanced electronic signature”, substitute—
; and
b in the Welsh language text, in regulation 2(1) (Dehongli), for the definition “llofnod electronig uwch”, substitute—
.

11 Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (England) Regulations 2013

In regulation 2(2)(e) (interpretation) of the Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (England) Regulations 2013 M18, for the definition “electronic signature”, substitute—
.

12 Electronic Documents (Scotland) Regulations 2014

1 In regulation 1(2) (citation, commencement and interpretation) of the Electronic Documents (Scotland) Regulations 2014 M19—
a omit the definition “the 2002 Regulations”;
b for the definition “advanced electronic signature”, substitute—
; and
c for the definition “signature-creation data”, substitute—
.
2 For regulation 3(b) (requirements of self-proving electronic document) of the Electronic Documents (Scotland) Regulations 2014, substitute—
.
3 In regulation 6 (registration of electronic documents in the Land Register) of the Electronic Documents (Scotland) Regulations 2014—
a in sub-paragraph (b), from the words “created by” to the end, substitute—
; and
b at the beginning of sub-paragraph (c), insert “ in the case of an electronic signature under paragraph (b)(i), ”.

13 European Union (Recognition of Professional Qualifications) Regulations 2015

In regulation 5(8) (functions of competent authorities in the United Kingdom) of the European Union (Recognition of Professional Qualifications) Regulations 2015 M20—
a for “advance electronic signatures under Article 2.2 of Directive 1999/93/EC on a Community framework for electronic signatures”, substitute “ advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market ”; and
b for “Decision 2009/76/EC”, substitute, “Decision 2009/767/EC M21”.

14 National Health Service (Charges for Drugs and Appliances) Regulations 2015

In regulation 2(1) (interpretation) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015 M22—
a in the definition of “advanced electronic signature”, for the words “created using means that a signatory can maintain under their sole control”, substitute “ created using electronic signature creation data that the signatory can, with a high level of confidence, use under the signatory's sole control; ”;
b after the definition of “electronic signature”, insert—
; and
c after the definition “repeatable prescription”, insert—
.

15 National Health Service (General Medical Services Contracts) Regulations 2015

1 In regulation 3 (interpretation) of the National Health Service (General Medical Services Contracts) Regulations 2015 M23—
a for the definition of “advanced electronic signature”, substitute—
;
b after the definition “electronic repeatable prescription”, insert—
; and
c after the definition “service provider” insert—
.

16 National Health Service (Personal Medical Services Agreements) Regulations 2015

In regulation 3 (interpretation) of the National Health Service (Personal Medical Services Agreements) Regulations 2015 M24—
a for the definition of “advanced electronic signature”, substitute—
;
b after the definition “electronic repeatable prescription”, insert—
; and
c after the definition “Scheduled drug”, insert—
.

F817 Public Contracts Regulations 2015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 Public Contracts (Scotland) Regulations 2015

In regulation 23(19) (rules applicable to communication) of the Public Contracts (Scotland) Regulations 2015 M25, for “Directive 1999/93/EC of the European Parliament and of the Council on a Community framework for electronic signatures”, substitute “ Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market ”.

19 Concession Contracts (Scotland) Regulations 2016

1 In regulation 32(18) (rules applicable to communication) of the Concession Contracts (Scotland) Regulations 2016 M26, for “Directive 1999/93/EC of the European Parliament and of the Council on a Community framework for Electronic signatures”, substitute “ Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market ”.

F920 Utilities Contracts Regulations 2016

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Utilities Contracts (Scotland) Regulations 2016

1 The Utilities Contracts (Scotland) Regulations 2016 M27 are amended as set out below.
2 In regulation 2(1) (interpretation)—
a after the definition of “economic operator”, insert—
;
;
b after the definition of “electronic means”, insert—
; and
c after the definition of “Public Contracts (Scotland) Regulations”, insert—
.
3 In regulation 38(18)(d) (rules applicable to communication), for the words “qualified certificate”, wherever they may occur, substitute “ qualified certificate for electronic signature ”.
4 In regulation 38(19) (rules applicable to communication), for “Directive 1999/93/EC of the European Parliament and of the Council on a Community framework for electronic signatures” substitute, “ the eIDAS Regulation ”.

Footnotes

  1. M1
    S.I. 2015/1770.
  2. M2
    1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.
  3. M3
    OJ No L 257, 28.8.2014, p73.
  4. M4
    Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.
  5. M5
    S.I. 2002/318.
  6. M6
    OJ No L 257, 28.8.2014, p73.
  7. M7
    1998 c.29; section 70(1) was amended by S.I. 2010/22.
  8. M8
    2000 c.7.
  9. M9
    S.I. 2004/1031, to which there are amendments not relevant to these Regulations.
  10. M10
    S.S.I 2004/115, amended by S.S.I. 2007/206; there are other amending instruments but none is relevant.
  11. M11
    OJ No L 257, 28.8.14, p73.
  12. M12
    S.S.I 2004/116, amended by S.S.I 2007/205; there are other amending instruments but none is relevant.
  13. M13
    S.I. 2005/1806 (W.138). The Regulations are made in Welsh and English. By virtue of section 156(1) of the Government of Wales Act 2006 (c.32) the English and Welsh texts are to be treated for all purposes as being of equal standing. The title of the Regulations in Welsh is Rheoliadau Gwastraff Peryglus (Cymru) 2005.
  14. M14
    S.I. 2007/871, amended by S.I. 2010/2849; there are other amending instruments but none is relevant.
  15. M15
    S.I. 2012/1916; amended by S.I. 2015/903; there are other amending instruments but none is relevant.
  16. M16
    S.I. 2013/349, to which there are amendments not relevant to these Regulations.
  17. M17
    S.I. 2013/898 (W.102). The Regulations are made in Welsh and English. By virtue of section 156(1) of the Government of Wales Act 2006 (c.32) the English and Welsh texts are to be treated for all purposes as being of equal standing. The title of the Regulations in Welsh is Rheoliadau'r Gwasanaeth Iechyd Gwladol (Gwasanaethau Fferyllol) (Cymru) 2013.
  18. M18
    S.I. 2013/1677.
  19. M19
    S.S.I. 2014/83, as amended by S.S.I. 2014/347; there are other amending instruments but none is relevant.
  20. M20
    S.I. 2015/2059.
  21. M21
    OJ No L 274, 20.10.2009, p36.
  22. M22
    S.I. 2015/570.
  23. M23
    S.I. 2015/1862.
  24. M24
    S.I. 2015/1879.
  25. M25
    S.S.I. 2015/446.
  26. M26
    S.S.I. 2016/65; amended by S.S.I. 2016/125.
  27. M27
    S.S.I. 2016/49.
  28. F1
    Words in reg. 2(1) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 404 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  29. F2
    Words in reg. 3(3) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 405 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  30. F3
    Sch. 2 substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4)
  31. F4
    Reg. 6(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 60; 2020 c. 1, Sch. 5 para. 1(1)
  32. F5
    Words in Sch. 2 para. 16(a) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 101 (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
  33. F6
    Words in Sch. 2 para. 16(b) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 101 (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
  34. F7
    Sch. 3 para. 7 revoked (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), reg. 1(2), Sch. Pt. 2
  35. F8
    Sch. 3 para. 17 revoked (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), reg. 1(2), Sch. Pt. 2
  36. F9
    Sch. 3 para. 20 revoked (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), reg. 1(2), Sch. Pt. 2
  37. F10
    Word in Sch. 2 para. 1(b) substituted (19.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 96(4), 142(3)(c)
  38. F11
    Reg. 2(3) inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 134(3), 142(1); S.I. 2025/904, reg. 2(u)
  39. F12
    Words in Sch. 1 para. 4(f) substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 134(4)(a), 142(1); S.I. 2025/904, reg. 2(u)
  40. F13
    Words in Sch. 1 para. 5 substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 134(4)(b), 142(1); S.I. 2025/904, reg. 2(u)
  41. F14
    Words in Sch. 1 para. 6 substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 134(4)(c), 142(1); S.I. 2025/904, reg. 2(u)
  42. F15
    Sch. 2 para. 21 omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 105(9), 142(1); S.I. 2026/82, reg. 2(u)
  43. F16
    Sch. 2 para. 6A inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(5), 142(1); S.I. 2026/82, reg. 2(u)
  44. F17
    Sch. 2 paras. 7A, 7B inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(6), 142(1); S.I. 2026/82, reg. 2(u)
  45. F18
    Sch. 2 para. 1(ga) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(2)(a), 142(1); S.I. 2026/82, reg. 2(u)
  46. F19
    Sch. 2 para. 1(ia)-(ic) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(2)(b), 142(1); S.I. 2026/82, reg. 2(u)
  47. F20
    Words in Sch. 2 para. 4(2)(b) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(3)(a), 142(1); S.I. 2026/82, reg. 2(u)
  48. F21
    Words in Sch. 2 para. 4(2)(c) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(3)(b), 142(1); S.I. 2026/82, reg. 2(u)
  49. F22
    Sch. 2 para. 6(2)(b) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(4)(a), 142(1); S.I. 2026/82, reg. 2(u)
  50. F23
    Words in Sch. 2 para. 6(2)(c) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(4)(b), 142(1); S.I. 2026/82, reg. 2(u)
  51. F24
    Words in Sch. 2 para. 6(2)(d) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(4)(c), 142(1); S.I. 2026/82, reg. 2(u)
  52. F25
    Words in Sch. 2 para. 12(2) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(7), 142(1); S.I. 2026/82, reg. 2(u)
  53. F26
    Words in Sch. 2 para. 13(3)(c) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(8), 142(1); S.I. 2026/82, reg. 2(u)
  54. F27
    Word in Sch. 2 para. 22(2)(b) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(10)(a), 142(1); S.I. 2026/82, reg. 2(u)
  55. F28
    Words in Sch. 2 para. 22(2)(b) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105(10)(b), 142(1); S.I. 2026/82, reg. 2(u)