eIDAS Regulation
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Table of Contents
Chapter I – General provisions
Chapter II – Electronic identification
Chapter III – Trust services
Chapter IV – Electronic documents
Chapter V – Delegations of power and implementing provisions
Chapter VI – Final provisions
Recitals (77)
Annexes
Article 13
Liability and burden of proof
1. Notwithstanding paragraph 2 of this Article and without prejudice to General Data Protection Regulation (GDPR), trust service providers shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation. Any natural or legal person who has suffered material or non-material damage as a result of an infringement of this Regulation by a trust service provider shall have the right to seek compensation in accordance with Union and national law.
The burden of proving the intention or negligence of a non-qualified trust service provider shall lie with the natural or legal person claiming the damage referred to in the first subparagraph.
The intention or negligence of a qualified trust service provider shall be presumed unless that qualified trust service provider proves that the damage referred to in the first subparagraph occurred without the intention or negligence of that qualified trust service provider.
2. Where trust service providers duly inform their customers in advance of the limitations on the use of the services they provide and where those limitations are recognisable to third parties, trust service providers shall not be liable for damages arising from the use of services exceeding the indicated limitations.
3. Paragraphs 1 and 2 shall be applied in accordance with national rules on liability.