in force 2024-05-20 INSERTED+1,851 −0§
Amended by Regulation (EU) 2024/1183 32024R1183
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
Article 45j is a new provision setting out requirements that qualified electronic archiving services must meet, covering who provides them, how durability, legibility, integrity and origin accuracy are maintained, safeguards against loss or alteration, and an automated report confirming the presumption of integrity of retrieved data.
It also requires that report to be delivered reliably and efficiently and to bear the qualified electronic signature or seal of the archiving service provider, and it directs the Commission to adopt implementing acts by 21 May 2025 establishing reference standards, specifications and procedures, compliance with which creates a presumption of conformity.
Cited: Art. 45j, v2
text before / after
inserted text (02014R0910-20240520)
Article 45j Requirements for qualified electronic archiving services 1. Qualified electronic archive services shall meet the following requirements: (a) they are provided by qualified trust service providers; (b) they use procedures and technologies capable of ensuring the durability and legibility of electronic data and electronic documents beyond the technological validity period and at least throughout the legal or contractual preservation period, while maintaining their integrity and the accuracy of their origin; (c) they ensure that those electronic data and those electronic documents are preserved in such a way that they are safeguarded against loss and alteration, except for changes concerning their medium or electronic format; (d) they shall allow authorised relying parties to receive a report in an automated manner that confirms that electronic data and electronic documents retrieved from a qualified electronic archive enjoy the presumption of integrity of the data from the beginning of the preservation period to the moment of retrieval. The report referred to in point (d) of the first subparagraph shall be provided in a reliable and efficient way and shall bear the qualified electronic signature or qualified electronic seal of the provider of the qualified electronic archiving service. 2. By 21 May 2025, the Commission shall, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures for qualified electronic archiving services. Compliance with the requirements for qualified electronic archive services shall be presumed where a qualified electronic archive service complies with those standards, specifications and procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).