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Basic Component 7: Security and privacy

Security and privacy
Security and privacy are primary concerns in the provision of public services.

 

 

 

Covered by:

Recommendation 46 Consider the specific security and privacy requirements and identify measures for the provision of each public service according to risk management plans. Supporting Solutions
Recommendation 47 Use trust services according to the Regulation on eID and Trust Services  as mechanisms that ensure secure and protected data exchange in public services. Supporting Solutions

Legal initiative

Description

Recommendations

 

Short title: General Data Protection Regulation (GDPR) 

Title: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

 

Status: In force

The General Data Protection Regulation (GDPR) allows European Union (EU) citizens to better control their personal data. It also modernises and unifies rules allowing businesses to reduce red tape and to benefit from greater consumer trust.
The GDPR is part of the EU data protection reform package, along with the data protection directive for police and criminal justice authorities.
Recommendation 46

Short title: Data Governance Act

Title: Proposal for a Regulation of the European Parliament and of the Council  on European data governanceCOM(2020) 767 final

Status: Legislative Proposal

This Proposal aims at creating a legislative framework for the governance of common European data spaces. It proposes measures:
- to unlock more publicly held data for research serving the common good;
- to support voluntary data sharing by citizens (‘data altruism’); and 
- to set up an EU-level governance structure to prioritise standardisation needs and improve data interoperability.
Recommendation 46

Short title: Regulation on the free flow of non-personal data

Title: Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European

Status: In force

This regulation aims to ensure that electronic data, apart from personal data, can be processed freely throughout the EU. It bans restrictions on where the data can be stored or processed.
It applies to the processing of non-personal data which is:
- provided as a service to users living in the EU;
- conducted by an individual, company or organisation in the EU for its own needs.
Recommendation 46

Short title: eIDAS Regulation

Title: Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Status: In force and transposed 

The Electronic Identification and Trust Services (eIDAS) Regulation creates a new system for secure electronic interactions across the EU between businesses, citizens and public authorities.
It aims to improve trust in EU-wide electronic transactions and to increase the effectiveness of public and private online services and e-commerce. It applies to:
- electronic identification (eID) schemes notified to the European Commission by EU countries; and 
- trust service providers based in the EU.
It removes existing barriers to the use of eID in the EU. For instance, it would now be straightforward for a Portuguese firm to tender for a public service contract in Sweden, while EU funding grants can be managed wholly online.

A revision of the eIDAS Regulation has been proposed, see: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity, URL: https://op.europa.eu/en/publication-detail/-/publication/5d88943a-c458-…

Recommendation 46

Recommendation 47

Short title and title: Commission Implementing Regulation (EU) 2015/1501 - eIDAS Regulation

Status: In force

This Regulation lays down technical and operational requirements of the interoperability framework in order to ensure the interoperability of the electronic identification schemes which Member States notify to the Commission. Recommendation 46

Short title: European Directive on patients’ rights 

Title: Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare

Status: In force and transposed 

The aim of this directive is to set out the conditions under which a patient may travel to another EU country to receive safe and high-quality medical care and have the cost reimbursed by their own health insurance scheme.
It also encourages cooperation between national healthcare systems.
Recommendation 46

Short title: Regulation on Interoperability in the field of police and judicial cooperation, asylum and migration.

Title: Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816

Status: In force

This regulation aims to improve checks at the EU’s external borders, allow for better detection of security threats and identity fraud, and help in preventing and combating illegal immigration. Recommendation 46

Short title: Privacy and Electronic Communications Directive

Title: Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)

Status: In force and transposed 

This Directive sets out rules to ensure security in the processing of personal data, the notification of personal data breaches, and confidentiality of communications. It also bans unsolicited communications where the user has not given their consent.
 
Recommendation 46

Short title: Cybersecurity Act

Title: Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013

Status: In force

This Act aims to achieve a high level of cybersecurity, cyber resilience and trust in the European Union (EU) by setting:
- objectives, tasks and organisational matters for a strengthened and renamed European Union Agency for Cybersecurity (ENISA), with a new permanent mandate;
- a framework for voluntary European cybersecurity certification schemes for Information and communications technology (ICT) products, services and processes.
Recommendation 46

Short title: NIS Directive

Title: Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union

Status: In force and transposed 

This Directive proposes a wide-ranging set of measures to boost the level of security of network and information systems (cybersecurity) to secure services vital to the EU economy and society. It aims to ensure that EU countries are well-prepared and are ready to handle and respond to cyberattacks through:
- the designation of competent authorities,
- the set-up of computer-security incident response teams (CSIRTs), and
- the adoption of national cybersecurity strategies.
- It also establishes EU-level cooperation both at strategic and technical level.
Lastly, it introduces the obligation on essential-services providers and digital service providers to take the appropriate security measures and to notify the relevant national authorities about serious incidents.
Recommendation 46

Short title: European Electronic Communications Code

Title: Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code

Status: In force and transposed 

The Directive:
- establishes a set of updated rules to regulate electronic communications (telecoms) networks, telecoms services, and associated facilities and services;
- sets out tasks for national regulatory authorities and other competent authorities, and establishes a set of procedures to ensure that the regulatory framework is harmonised throughout the EU;
- aims to stimulate competition and increased investment in 5G and very high capacity networks, so that every citizen and business in the EU can enjoy high quality connectivity, a high level of consumer protection and an increased choice of innovative digital services.
Recommendation 46

Short title: Single Digital Gateway Regulation

Title: Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012

Status: In force

The single digital gateway will facilitate online access to the information, key administrative procedures and assistance and problem-solving services that citizens and businesses may wish to contact if they encounter problems when exercising their internal market rights while living in or doing business in another EU country. Recommendation 47

Short title: eInvoicing Directive

Title: Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement

Status: In force and transposed 

E-invoicing by a business in one EU country for work done for or goods delivered to a public authority in another has been hampered by problems of a lack of interoperability, i.e. incompatible e-invoicing systems in different countries.
The law applies to invoices falling within the scope of the public procurement directives (i.e. most contracts) but does not apply to contracts falling within the scope of Directive 2009/81/EC in the fields of defence and security, where the procurement and performance of the contract are declared to be secret or must be accompanied by special security measures.
Recommendation 46

Short title: Law Enforcement Directive

Title: Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA

Status: In force and transposed 

This Directive aims to better protect individuals’ personal data when their data is being processed by police and criminal justice authorities. It also aims to improve cooperation in the fight against terrorism and cross-border crime in the EU by enabling police and criminal justice authorities in EU countries to exchange information necessary for investigations more efficiently and effectively. The Data Protection Directive for Police and Criminal Justice Authorities is part of the EU data protection reform package along with the General Data Protection Regulation (Regulation (EU) 2016/679). Recommendation 46

Short title: Regulation on Interoperability in the field of justice, freedom and security

Title: Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA

Status: In force

It aims to to improve checks at the EU’s external borders, allow for better detection of security threats and identity fraud, and help in preventing and combating illegal immigration. Recommendation 46

Short title: eProcurement Directive

Title: Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC

Status: In force and transposed 

The legislation specifies that when national authorities use public procurement to invite tenders to provide works, supplies or services, they must treat all applicants equally and not discriminate between them. They must also be transparent in their dealings. Recommendation 46

 

 

Concrete example/good practice

Summary
Integrated Public Service Provision - The central solutions of Hungary

Hungary stands out with regard to its implementation of the security and privacy component of the EIF conceptual model. While different elements have made possible the implementation of the recommendations set by the EIF with regards to the legal, organisational, semantic and technical layers of interoperability within Hungarian public administrations, two main initiatives are highlighted in this concrete example. These are the centrally provided Municipality ASP service and the Customisable State Administration Portal. They almost function as platforms for interoperable service provision. Both integrate several building blocks in order to ensure a ready-to-use integrated solution for all Hungarian public administrations to make their digital public services available on a single platform, therefore increasing interoperability. This concrete example also demonstrates how the country tackled the challenged linked to these services, which are their take-up by public bodies and the need to replace the traditional decision-making process with a data-driven approach.

  

Solution Description  Associated Recommendations
Crypto-tool
Crypto Tool 
The European Parliament Crypto tool Software offers an open source software that enables to exchange files different parties in a secure manner. Recommendation 47
cef_edeliv
eDelivery 
The eDelivery Building Block helps public administrations to exchange data and documents via AS4 Access Points, based on the AS4 messaging protocol. This allows different parties to exchange electronic data and documents across sectors and borders through a secure eDelivery message exchange network. By connecting to an AS4 Access Point, a public administration can exchange electronic data and documents with any organisation connected to another Access Point in the network. The eDelivery Building Block also helps upgrade exisiting solutions so they can connect to eDelivery messaging networks through an Access Point.  Recommendation 47
cef_eID
eID
The eID Building Block allows public administrations and private service providers to easily extend the use of their online services to citizens from other Member States, in line with the eIDAS Regulation.  Recommendation 47
EIRA 
EIRA 
The European Interoperability Reference Architecture (EIRA©) is an architecture content metamodel defining the most salient architectural building blocks (ABBs) needed to build interoperable e-Government systems. The EIRA© provides a common terminology that can be used by people working for public administrations in various architecture and system development tasks. The EIRA© was created and is being maintained in the context of Action 2016.32 of the ISA² Programme. The EIRA uses (and extends) the ArchiMate language as a modelling notation and uses service orientation as an architectural style.  Recommendation 47
esignature
eSignature
The CEF eSignature Building Block allows public administrations, businesses, and citizens to electronically sign any document, anywhere in Europe, at any time, in line with the eIDAS Regulation for e-signatures, e-seals and related services offered by Trust Service Providers. Recommendation 47
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European Union
Location Framework Blueprint
The European Union Location Framework (EULF) Blueprint is a framework of recommendations and related guidance for publishing and using location information and applying interoperability principles in digital government. The EULF Blueprint was initially developed through the EULF project in the ISA programme. The content has been updated extensively through the European Location Interoperability Solutions for e-Government (ELISE) project, which is part of the ISA2 programme.  Recommendation 46
Interoperability Quick Assessment Toolkit (IQAT)
Interoperability Quick Assessment Toolkit (IQAT)

 The objective of the IQAT© is to allow Solution Owners to assess the Potential Interoperability of their software solutions supporting Public Services.

The toolkit is based on a specific conceptual model for the Interoperability assessment of software solutions, which relies on four interoperability areas: Interoperability (IOP) Governance, Software Architecture,
Human-to-Machine Interfaces and Machine-to-Machine Interfaces.

Recommendation 46
Reference Architecture for e-Documents
Reference Architecture for e-Documents (produced in previous phases of the action)
The presented architecture is based on the analysis about the exchange of e-Documents in 16 selected Member States, available here. Please use this report as a supporting document for the presented reference architecture and as a source of detailed information about the solutions used in the analysed Member States.

Recommendation 47

Recommendation 46