EBA · 2019_4586 Final Q&A

Requirement on the use of a Qualified Certificate for Electronic Seals (QSealC) for integrity and authenticity

Regulation
Directive 2015/2366/EU (PSD2)
Article
98
Topic
Other topics
Submitted by
Other
Submitted
2019-02-28
Answered
2019-06-14
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Please clarify  whether in the EBA’s Opinion on the use of eIDAS under the RTS on SCA and CSC, under Paragraph 11, Qualified Electronic Seals employing a Qualified Seal creation Device are required to provide integrity and authenticity through the reference to Article 35(2) of Regulation (EU) No 910/2014?

Background

The Opinion of the European Banking Authority on the use of eIDAS certificates under the RTS on SCA and CSC item 11 describes using of QSealC as required by RTS  Article 34(1) for integrity and authenticity of signed / sealed data. This goes on to reference Article 35(2) of Regulation (EU) No 910/2014 (eIDAS). Article 35(2) of Regulation (EU) No 910/2014 relates to a "Qualified Electronic Seal". Under eIDAS Artcile 3(27) a "Qualified Electronic Seal" includes additional requirements beyond the use of a QSealC in particular use of special device for security of the signing key called in eIDAS a "Qualified Signature/Seal Creation Device". Use of such a device would be a significant additional burden on Payment Service Providers.

Answer

Article 34(1) of the Commission Delegated Regulation (EU) 2018/389 specifies that ‘for the purpose of identification, as referred to in Article 30(1)(a), payment service providers shall rely on qualified certificates for electronic seals (QSealCs) as referred to in Article 3(30) of Regulation (EU) No 910/2014 or for website authentication (QWACs) as referred to in Article 3(39) of that Regulation.’ Paragraph 11 of the Opinion of the European Banking Authority (EBA) on the use of eIDAS certificates under the RTS on strong customer authentication and secure communication , describes some of the specificities of QSealCs, namely that they (i) ensure the integrity and correctness of the origin (authenticity) of the signed data and (ii) provide strong evidence of the signed data. The reference in the EBA’s Opinion to Article 35(2) of Regulation (EU) No 910/2014 shows that the specificities of the QSealCs cited in paragraph 11 of the Opinion were in line with the applicable legislation. Further, this reference is in line with the objective of PSD2 of technological neutrality and did not infer that Qualified Electronic Seals employing a Qualified Seal creation Device are required for the purpose of Article 34(1) of the Delegated Regulation.

Original source: European Banking Authority, Q&A ID 2019_4586

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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