Section 132 — Recognition of overseas trust products

(1) The eIDAS Regulation is amended as follows.

(2) In Chapter 3 (trust services), after Article 45 insert—SECTION 9Recognition of overseas trust servicesLegal effects of overseas electronic signatures etcArticle 45A (1) The Secretary of State may by regulations provide that, for the purposes of Articles 25(2), 35(2), 41(2) and 43(2), an overseas trust product of a specified description is to be treated as qualified. (2) In this Article—“overseas”, in relation to a trust product, means provided by a person established in a country or territory outside the United Kingdom; “specified” means specified by regulations under this Article; “trust product” means an electronic signature, an electronic seal, an electronic time stamp or an electronic registered delivery service. (3) The Secretary of State may not make regulations under this Article specifying a description of overseas trust product unless satisfied that the reliability of such a product is at least equivalent to the reliability of a comparable trust product that is qualified. (4) When making regulations under this Article in relation to a description of overseas trust product, the Secretary of State must have regard to (among other things) the law in the other country or territory relevant to that description of product and related trust services.Overseas signatures and seals in public serviceArticle 45B (1) The Secretary of State may by regulations provide that an overseas electronic signature of a specified description is to be treated— (a) for the purposes of Article 27(1), as an advanced electronic signature that complies with the Implementing Decision; (b) for the purposes of Article 27(2), as an advanced electronic signature based on a qualified certificate for electronic signature, or a qualified signature, that complies with the Implementing Decision. (2) The Secretary of State may by regulations provide that an overseas electronic seal of a specified description is to be treated— (a) for the purposes of Article 37(1), as an advanced electronic seal that complies with the Implementing Decision; (b) for the purposes of Article 37(2), as an advanced electronic seal based on a qualified certificate for electronic seal, or a qualified seal, that complies with the Implementing Decision. (3) In this Article—“the Implementing Decision” means Commission Implementing Decision (EU) 2015/1506 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies; “overseas”, in relation to an electronic signature or electronic seal, means provided by a person established in a country or territory outside the United Kingdom; “specified” means specified by regulations made under this Article. (4) The Secretary of State may not make regulations under point (a) or (b) of paragraph 1 or point (a) or (b) of paragraph 2 specifying a description of overseas electronic signature or overseas electronic seal unless satisfied that the reliability of such a signature or seal is at least equivalent to the reliability of a signature or seal described in that point. (5) When making regulations under this Article in relation to a description of overseas electronic signature or overseas electronic seal, the Secretary of State must have regard to (among other things) the law in the other country or territory relevant to that description of signature or seal and related trust services.Regulations under this SectionArticle 45C (1) Before making regulations under Article 45A or 45B, the Secretary of State must consult the supervisory body. (2) Regulations under Article 45A or 45B— (a) may describe something by (among other things) describing something that meets a condition specified in the regulations or is provided by a person who meets such a condition, and (b) may include a condition referring to (among other things) the law of the other country or territory or a standard or other document, including the law, standard or other document as amended from time to time. (3) Regulations under Article 45A or 45B may— (a) make different provision for different purposes, including for the purposes of different provisions of this Regulation, and (b) include transitional or transitory provision or savings. (4) Regulations under Article 45A or 45B are to be made by statutory instrument. (5) A statutory instrument containing regulations under Article 45A or 45B is subject to annulment in pursuance of either House of Parliament.

(3) In Article 3(21) (definition of “product”), at the end insert “(except in the expression “trust product”)”.