Article 41–Article 42 · 2 articles
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Legal effect of electronic time stamps
1. An electronic time stamp shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic time stamp.
2. A qualified electronic time stamp shall enjoy the presumption of the accuracy of the date and the time it indicates and the integrity of the data to which the date and time are bound.
3. A qualified electronic time stamp issued in one Member State shall be recognised as a qualified electronic time stamp in all Member States.
Requirements for qualified electronic time stamps
1. A qualified electronic time stamp shall meet the following requirements:
(a)
it binds the date and time to data in such a manner as to reasonably preclude the possibility of the data being changed undetectably;
(b)
it is based on an accurate time source linked to Coordinated Universal Time; and
(c)
it is signed using an advanced electronic signature or sealed with an advanced electronic seal of the qualified trust service provider, or by some equivalent method.
2. The Commission may, by means of implementing acts, establish reference numbers of standards for the binding of date and time to data and for accurate time sources. Compliance with the requirements laid down in paragraph 1 shall be presumed where the binding of date and time to data and the accurate time source meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
