Explanation to users
1. Evidence requesters shall ensure that their procedure portals contain an explanation of the OOTS and its features, including the information that:
(a)
the use of the OOTS is voluntary;
(b)
users have the option to preview the evidence in the preview space referred to in Article 15(1), point (b)(ii), and decide whether or not to use it for the procedure;
(c)
users can act on their own behalf or be represented by another legal or natural person, when and to the extent to which solutions for representation, in accordance with Regulation (EU) No 910/2014 and any implementing acts adopted on its basis, have been found.
The information referred to in point (b) of the first subparagraph of this paragraph shall not be required in the case of the procedures referred to in Article 14(5) of Regulation (EU) 2018/1724.
2. The obligation to provide explanations referred to in paragraph 1 of this Article shall be without prejudice to the obligation to provide the data subjects with the information referred to in Articles 13 and 14 of Regulation (EU) 2016/679.
Evidence type selection
1. Evidence requesters shall give users the possibility to request the types of evidence that correspond, based on the information registered in the evidence broker, to types that would be acceptable under the applicable law in the relevant procedure by direct submission, provided that evidence providers make these types of evidence available through the OOTS in accordance with Article 5(1).
2. If multiple pieces of evidence can be requested the evidence requester shall ensure that users can select all, a sub-set of, or a specific type of, the evidence.
User authentication
1. Evidence requesters shall rely on electronic identification means that have been issued under an electronic identification scheme that has been notified in accordance with Regulation (EU) No 910/2014 to authenticate the users, acting either on their own behalf or through a representative, when and to the extent to which solutions for representation in accordance with Regulation (EU) No 910/2014 and any implementing acts adopted on its basis, have been found.
2. Once the user has selected the type of evidence to be exchanged through the OOTS, the evidence requesters shall inform users:
(a)
where applicable, of any additional attributes referred to in Article 5(3), point (b), of this Regulation that they are to provide; and
(b)
that they will be redirected to the relevant evidence provider, evidence providers or, where applicable, intermediary platform or platforms, to preview the selected evidence.
3. Where preview is not required in accordance with Article 14(5) of Regulation (EU) 2018/1724, paragraph 2, point (b), of this Article shall not apply. In that case the evidence provider, evidence providers or, where applicable, intermediary platform or platforms may ask the evidence requester to redirect the user to reidentify and reauthenticate for the purpose of identity and evidence matching. The user may choose not to be redirected. In that case, the evidence requester shall inform the user that the process of identity and evidence matching carried out by the evidence provider might not result in a match as referred to in Article 16 of this Regulation.
Explicit request
The evidence requester shall, in addition to the information referred to in Article 9, provide the user with the following:
(a)
the name(s) of the evidence provider(s);
(b)
the evidence type(s) or data fields to be exchanged.
This Article is without prejudice to the situations where the use of the OOTS is permitted without an explicit request in accordance with Article 14(4) of Regulation (EU) 2018/1724.
Evidence request
1. The evidence requester shall ensure that the evidence request is transmitted to the evidence provider or intermediary platform, where applicable, and contains the following information:
(a)
the unique identifier of the request;
(b)
the evidence type that is requested;
(c)
date and time when the explicit request was made;
(d)
identification of the procedure for which the evidence is required;
(e)
name and metadata that uniquely identifies the evidence requester and intermediary platform, where applicable;
(f)
the attributes of the user, or the user and the representative where applicable, exchanged using the electronic identification means referred to in Article 11(1);
(g)
the level of assurance, as defined in Regulation (EU) No 910/2014, of the electronic identification means used by the user;
(h)
the additional attributes, referred to in Article 5(3), point (b), provided by the user for the purpose of the request;
(i)
the identification of the evidence provider as registered in the data service directory;
(j)
whether the explicit request of the user was required in accordance with Article 14(4) of Regulation (EU) 2018/1724;
(k)
whether the possibility of previewing the evidence is required in accordance with Article 14(5) of Regulation (EU) 2018/1724.
2. The evidence requester shall make a clear distinction between the additional attributes referred to in paragraph 1, point (h), and the attributes referred to in paragraph 1, point (f).
User redirection to the evidence provider
1. Without prejudice to the procedures referred to in Article 14(5) of Regulation (EU) 2018/1724, evidence requesters shall ensure that users, after selecting the evidence to be exchanged through the OOTS in the procedure portal in accordance with Article 10 of this Regulation and stating their explicit request in accordance with Article 12 of this Regulation are redirected to the evidence provider, evidence providers or intermediary platform or platforms, where applicable, to exercise the option to preview the evidence.
2. For the procedures referred to in Article 14(5) of Regulation (EU) 2018/1724, users can be redirected to the evidence provider, evidence providers or intermediary platform or platforms, where applicable, in accordance with Article 11(3) of this Regulation.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
