Trust Services Act
| Basic data | |
|---|---|
| Title: | Trust Services Act |
| Abbreviation: | VDG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Commercial administrative law |
| References : | 9020-13 |
| Issued on: | July 18, 2017 ( Federal Law Gazette I p. 2745 ) |
| Entry into force on: | 29th July 2017 |
| Last change by: |
Art. 2 G of July 18, 2017 ( Federal Law Gazette I p. 2745, 2751 ) |
| Effective date of the last change: |
May 25, 2018 (Art. 12 G of July 18, 2017) |
| GESTA : | E057 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The German Trust Services Act ( VDG ) supplements the eIDAS Regulation (EU) No. 910/2014. It determines the cooperation obligations of the providers who provide trust services (such as creation, checking and validation of electronic signatures ) and in this context defines the responsible national supervision. The Trust Services Act replaced the Signature Act (SigG) on July 29, 2017.
Major changes
The essential regulations are already contained in the European eIDAS regulation, which as directly applicable Union law does not need to be implemented. Above all, the VDG creates the prerequisites for effective implementation of the eIDAS regulation and is therefore significantly shorter than the previous Signature Act.
The new terms of the EU regulation were also incorporated: The former certification service provider (ZDA) became the trust service provider (VDA). The Trust Services Act also adopts the new distinction between qualified electronic signature (for natural persons) and qualified electronic seals (for legal persons).
In the VDG, the national responsibilities between the Federal Network Agency , Federal Office for Information Security (BSI) and the German Accreditation Service (DAkkS) have been updated . The Federal Network Agency became the supervisory authority for electronic signatures, electronic seals, electronic time stamps and electronic registered delivery services; the BSI for website certificates.
With the VDG, the Federal Network Agency's task was to keep the so-called "algorithm catalog". For a transitional period, the Federal Network Agency issued a recommendation link list for the trust service providers.
regulation
The Trust Services Act of 2017 is further elaborated by the Trust Services Ordinance of February 15, 2019 ( Federal Law Gazette I p. 114 ). Similar to the VDG, the associated ordinance is exclusively dedicated to the qualified signature.
Web links
- bundesnetzagentur.de / ... - Electronic trust services (VDG homepage)
Individual evidence
- ↑ cf. Article 3 No. 16 of Regulation (EU) No. 910/2014
- ↑ Heise: Bundestag adopts new legal framework for electronic signatures (accessed on September 5, 2017)
- ↑ official justification on BT-Drs. 18/12494
- ↑ bundesnetzagentur.de / ... - Press release "eIDAS regulation: Federal Network Agency becomes supervisory body for trust services" from June 3, 2016 (accessed on June 11, 2018).
- ↑ Recommendations for the use of algorithms in electronic trust services. In: bundesnetzagentur.de. Archived from the original on June 12, 2018 ; accessed on June 11, 2018 .
