At the request of the Ministry of Energy, Tourism and Digital Agenda, the National Market and Competitiveness Commission (CNMC) issued a report on the draft law regulating certain aspects of electronic trust services.
The aim of this proposal is to remove remaining barriers in the digital market and to complete the regulation on electronic trust services in accordance with Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014.
The CNMC makes the following recommendations:
- Certain provisions require the exchange of information that may be commercially sensitive between providers of these services. Caution must be exercised in order to avoid such an exchange favoring anti-competitive practices.
- Exceptions to the obligations to verify identity where users remain with the same provider should be avoided, as this is an advantage for operators and weakens competition.
- Differences in treatment between public and private providers of electronic trust services are not recommended unless justified.
- The cases in which providers of these services will be exempted from liability should be better defined in order to increase legal certainty between them and users in the event of problems.
- The discretion of the supervisory body to grant authorizations to provide qualified services and the discretion of the Ministry of Industry and the National Accreditation Entity (ENAC) to determine the requirements for conformity assessment bodies, should be reduced in order to guarantee the existence of a competitive market.