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Article (26) Issuing the Qualified Electronic Signature/Seal Device

1. A Qualified Electronic Signature/Seal creation device may be issued to Signatories as a Qualified Trust Service only through a Qualified Trust Service Provider fulfilling the technological, procedural security and regulatory specifications and standards to be identified under a resolution by the TDRA. 

2. The Qualified Trust Service Provider shall identify a set of adequate policies and practices to provide devices for creating the Qualified Electronic Signature/Seal as a Qualified Trust Service. In all cases, such policies and practices shall fulfill the technical requirements and specifications of content and structure identified under a resolution by the TDRA. 

3. A Qualified Electronic Signature/Seal creation device must fulfill the requirements of Article (21) of the Decree-Law, and the Qualified Electronic Signature/Seal creation device must be approved by entities issuing qualification certificates for such devices, whether public or private entities; provided that such entities are approved by the TDRA. 

4. The Qualified Trust Service Provider shall comply with the standards and requirements of security assessment of IT technologies, products and services issued by the TDRA for approving the Qualified Electronic Signature/Seal creation devices. 

5. Entities granting qualification certificates for the Qualified Electronic Signature/Seal creation devices shall comply with the list of standards and requirements issued by the TDRA. Any qualification granted to any of such entities or any devices approved by the same shall be revoked if it is established that it has violated such standards and requirements. 

6. The Electronic Signature creation data may be managed, created and copied on behalf of the Signatory only through a Qualified Trust Service Provider that provides a Qualified Trust Service for managing a Qualified Electronic Signature creation device remotely.  

7. The Qualified Trust Service Provider shall use only Qualified Electronic Signature/Seal creation devices approved by the TDRA. 

8. The TDRA shall create, publish and manage a list of entities that issue qualification certificates of the Qualified Electronic Signature/Seal creation devices and tools approved by the same, in addition to a dated record showing the status of such entities and the status of approvals of qualification of devices. 

9. The Qualified Trust Service Provider shall follow the conditions and procedures issued by the TDRA to apply for using Qualified Electronic Signature/Seal creation devices, in order to be listed in the list referred to in Clause (8) above. 

10. An applicant for a Qualified Electronic Signature/Seal creation device or the Licensee if the qualification certificate granted to the device by the entities issuing qualification certificates for Qualified Electronic Signature/Seal creation devices, shall so notify the TDRA within two weeks from the date of revocation. In this case, TDRA may make or may ask the Qualified Trust Service Provider to make an assessment on the impact on the licensed services and to take any appropriate actions based on the assessment findings.