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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

Type Regulation

Publication 2014-08-28

Last updated 2024-10-18

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 84

Reform history JSON API

CHAPTER I GENERAL PROVISIONS

Article 1

Subject matter

This Regulation aims to ensure the proper functioning of the internal market and the provision of an adequate level of security of electronic identification means and trust services used across the Union, in order to enable and facilitate the exercise by natural and legal persons of the right to participate in digital society safely and to access online public and private services throughout the Union. For those purposes, this Regulation:

(a) lays down the conditions under which Member States are to recognise natural and legal persons’ electronic identification means falling under a notified electronic identification scheme of another Member State and provide and recognise European Digital Identity Wallets;

(b) lays down rules for trust services, in particular for electronic transactions;

(c) establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery services, certificate services for website authentication, electronic archiving, electronic attestation of attributes, electronic signature creation devices, electronic seal creation devices, and electronic ledgers.

Article 2

Scope

This Regulation applies to electronic identification schemes notified by a Member State, to European Digital Identity Wallets provided by a Member State and to trust service providers established in the Union.

This Regulation does not apply to the provision of trust services that are used exclusively within closed systems resulting from national law or from agreements between a defined set of participants.

This Regulation does not affect Union or national law related to the conclusion and validity of contracts, other legal or procedural obligations relating to form, or sector-specific requirements relating to form.

This Regulation is without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council ([^E0001]).

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘electronic identification’ means the process of using person identification data in electronic form uniquely representing either a natural or legal person, or a natural person representing another natural person or a legal person;

(2) ‘electronic identification means’ means a material and/or immaterial unit containing person identification data and which is used for authentication for an online service or, where appropriate, for an offline service;

(3) ‘person identification data’ means a set of data that is issued in accordance with Union or national law and that enables the establishment of the identity of a natural or legal person, or of a natural person representing another natural person or a legal person.

(4) ‘electronic identification scheme’ means a system for electronic identification under which electronic identification means are issued to natural or legal persons or natural persons representing other natural persons or legal persons;

(5) ‘authentication’ means an electronic process that enables the confirmation of the electronic identification of a natural or legal person or the confirmation of the origin and integrity of data in electronic form;

(5a) ‘user’ means a natural or legal person, or a natural person representing another natural person or a legal person, that uses trust services or electronic identification means provided in accordance with this Regulation;

(6) ‘relying party’ means a natural or legal person that relies upon electronic identification, European Digital Identity Wallets or other electronic identification means, or upon a trust service;

(7) ‘public sector body’ means a state, regional or local authority, a body governed by public law or an association formed by one or several such authorities or one or several such bodies governed by public law, or a private entity mandated by at least one of those authorities, bodies or associations to provide public services, when acting under such a mandate;

(8) ‘body governed by public law’ means a body defined in point (4) of Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council ([^E0002]);

(9) ‘signatory’ means a natural person who creates an electronic signature;

(10) ‘electronic signature’ means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign;

(11) ‘advanced electronic signature’ means an electronic signature which meets the requirements set out in Article 26;

(12) ‘qualified electronic signature’ means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures;

(13) ‘electronic signature creation data’ means unique data which is used by the signatory to create an electronic signature;

(14) ‘certificate for electronic signature’ means an electronic attestation which links electronic signature validation data to a natural person and confirms at least the name or the pseudonym of that person;

(15) ‘qualified certificate for electronic signature’ means a certificate for electronic signatures, that is issued by a qualified trust service provider and meets the requirements laid down in Annex I;

(16) ‘trust service’ means an electronic service normally provided for remuneration which consists of any of the following:
(a) the issuance of certificates for electronic signatures, certificates for electronic seals, certificates for website authentication or certificates for the provision of other trust services;
(b) the validation of certificates for electronic signatures, certificates for electronic seals, certificates for website authentication or certificates for the provision of other trust services;
(c) the creation of electronic signatures or electronic seals;
(d) the validation of electronic signatures or electronic seals;
(e) the preservation of electronic signatures, electronic seals, certificates for electronic signatures or certificates for electronic seals;
(f) the management of remote electronic signature creation devices or remote electronic seal creation devices;
(g) the issuance of electronic attestations of attributes;
(h) the validation of electronic attestation of attributes;
(i) the creation of electronic timestamps;
(j) the validation of electronic timestamps;
(k) the provision of electronic registered delivery services;
(l) the validation of data transmitted through electronic registered delivery services and related evidence;
(m) the electronic archiving of electronic data and electronic documents;
(n) the recording of electronic data in an electronic ledger;

(17) ‘qualified trust service’ means a trust service that meets the applicable requirements laid down in this Regulation;

(18) ‘conformity assessment body’ means a conformity assessment body as defined in Article 2, point 13, of Regulation (EC) No 765/2008, which is accredited in accordance with that Regulation as competent to carry out conformity assessment of a qualified trust service provider and the qualified trust services it provides, or as competent to carry out certification of European Digital Identity Wallets or electronic identification means;

(19) ‘trust service provider’ means a natural or a legal person who provides one or more trust services either as a qualified or as a non-qualified trust service provider;

(20) ‘qualified trust service provider’ means a trust service provider who provides one or more qualified trust services and is granted the qualified status by the supervisory body;

(21) ‘product’ means hardware or software, or relevant components of hardware or software, which are intended to be used for the provision of electronic identification and trust services;

(22) ‘electronic signature creation device’ means configured software or hardware used to create an electronic signature;

(23) ‘qualified electronic signature creation device’ means an electronic signature creation device that meets the requirements laid down in Annex II;

(23a) ‘remote qualified electronic signature creation device’ means a qualified electronic signature creation device that is managed by a qualified trust service provider in accordance with Article 29a on behalf of a signatory;

(23b) ‘remote qualified electronic seal creation device’ means a qualified electronic seal creation device that is managed by a qualified trust service provider in accordance with Article 39a on behalf of a seal creator;

(24) ‘creator of a seal’ means a legal person who creates an electronic seal;

(25) ‘electronic seal’ means data in electronic form, which is attached to or logically associated with other data in electronic form to ensure the latter’s origin and integrity;

(26) ‘advanced electronic seal’ means an electronic seal, which meets the requirements set out in Article 36;

(27) ‘qualified electronic seal’ means an advanced electronic seal, which is created by a qualified electronic seal creation device, and that is based on a qualified certificate for electronic seal;

(28) ‘electronic seal creation data’ means unique data, which is used by the creator of the electronic seal to create an electronic seal;

(29) ‘certificate for electronic seal’ means an electronic attestation that links electronic seal validation data to a legal person and confirms the name of that person;

(30) ‘qualified certificate for electronic seal’ means a certificate for an electronic seal, that is issued by a qualified trust service provider and meets the requirements laid down in Annex III;

(31) ‘electronic seal creation device’ means configured software or hardware used to create an electronic seal;

(32) ‘qualified electronic seal creation device’ means an electronic seal creation device that meets mutatis mutandis the requirements laid down in Annex II;

(33) ‘electronic time stamp’ means data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time;

(34) ‘qualified electronic time stamp’ means an electronic time stamp which meets the requirements laid down in Article 42;

(35) ‘electronic document’ means any content stored in electronic form, in particular text or sound, visual or audiovisual recording;

(36) ‘electronic registered delivery service’ means a service that makes it possible to transmit data between third parties by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations;

(37) ‘qualified electronic registered delivery service’ means an electronic registered delivery service which meets the requirements laid down in Article 44;

(38) ‘certificate for website authentication’ means an electronic attestation that makes it possible to authenticate a website and links the website to the natural or legal person to whom the certificate is issued;

(39) ‘qualified certificate for website authentication’ means a certificate for website authentication, which is issued by a qualified trust service provider and meets the requirements laid down in Annex IV;

(40) ‘validation data’ means data that is used to validate an electronic signature or an electronic seal;

(41) ‘validation’ means the process of verifying and confirming that data in electronic form are valid in accordance with this Regulation;

(42) ‘European Digital Identity Wallet’ means an electronic identification means which allows the user to securely store, manage and validate person identification data and electronic attestations of attributes for the purpose of providing them to relying parties and other users of European Digital Identity Wallets, and to sign by means of qualified electronic signatures or to seal by means of qualified electronic seals;

(43) ‘attribute’ means a characteristic, quality, right or permission of a natural or legal person or of an object;

(44) ‘electronic attestation of attributes’ means an attestation in electronic form that allows attributes to be authenticated;

(45) ‘qualified electronic attestation of attributes’ means an electronic attestation of attributes which is issued by a qualified trust service provider and meets the requirements laid down in Annex V;

(46) ‘electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source’ means an electronic attestation of attributes issued by a public sector body that is responsible for an authentic source or by a public sector body that is designated by the Member State to issue such attestations of attributes on behalf of the public sector bodies responsible for authentic sources in accordance with Article 45f and with Annex VII;

(47) ‘authentic source’ means a repository or system, held under the responsibility of a public sector body or private entity, that contains and provides attributes about a natural or legal person or object and that is considered to be a primary source of that information or recognised as authentic in accordance with Union or national law, including administrative practice;

(48) ‘electronic archiving’ means a service ensuring the receipt, storage, retrieval and deletion of electronic data and electronic documents in order to ensure their durability and legibility as well as to preserve their integrity, confidentiality and proof of origin throughout the preservation period;

(49) ‘qualified electronic archiving service’ means an electronic archiving service which is provided by a qualified trust service provider and which meets the requirements laid down in Article 45j;

(50) ‘EU Digital Identity Wallet Trust Mark’ means a verifiable, simple and recognisable indication which is communicated in a clear manner that a European Digital Identity Wallet has been provided in accordance with this Regulation;

(51) ‘strong user authentication’ means an authentication based on the use of at least two authentication factors from different categories of either knowledge, something only the user knows, possession, something only the user possesses or inherence, something the user is, that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data;

(52) ‘electronic ledger’ means a sequence of electronic data records, ensuring the integrity of those records and the accuracy of the chronological ordering of those records;

(53) ‘qualified electronic ledger’ means an electronic ledger which is provided by a qualified trust service provider and which meets the requirements laid down in Article 45l;

(54) ‘personal data’ means any information as defined in Article 4, point (1), of Regulation (EU) 2016/679;

(55) ‘identity matching’ means a process where person identification data, or electronic identification means are matched with or linked to an existing account belonging to the same person;

(56) ‘data record’ means electronic data recorded with related meta-data supporting the processing of the data;

(57) ‘offline mode’ means, as regards the use of European Digital Identity Wallets, an interaction between a user and a third party at a physical location using close proximity technologies, whereby the European Digital Identity Wallet is not required to access remote systems via electronic communication networks for the purpose of the interaction.

Article 4

Internal market principle

There shall be no restriction on the provision of trust services in the territory of a Member State by a trust service provider established in another Member State for reasons that fall within the fields covered by this Regulation.

Products and trust services that comply with this Regulation shall be permitted to circulate freely in the internal market.

Article 5

Pseudonyms in electronic transaction

Without prejudice to specific rules of Union or national law requiring users to identify themselves or to the legal effect given to pseudonyms under national law, the use of pseudonyms that are chosen by the user shall not be prohibited.

CHAPTER II ELECTRONIC IDENTIFICATION

SECTION 1 european digital identity wallet

Article 5a

European Digital Identity Wallets

For the purpose of ensuring that all natural and legal persons in the Union have secure, trusted and seamless cross-border access to public and private services, while having full control over their data, each Member State shall provide at least one European Digital Identity Wallet within 24 months of the date of entry into force of the implementing acts referred to in paragraph 23 of this Article and in Article 5c(6).

European Digital Identity Wallets shall be provided in one or more of the following ways:

(a) directly by a Member State;

(b) under a mandate from a Member State;

The source code of the application software components of European Digital Identity Wallets shall be open-source licensed. Member States may provide that, for duly justified reasons, the source code of specific components other than those installed on user devices shall not be disclosed.

European Digital Identity Wallets shall enable the user, in a manner that is user-friendly, transparent, and traceable by the user, to:

(a) securely request, obtain, select, combine, store, delete, share and present, under the sole control of the user, person identification data and, where applicable, in combination with electronic attestations of attributes, to authenticate to relying parties online and, where appropriate, in offline mode, in order to access public and private services, while ensuring that selective disclosure of data is possible;

(b) generate pseudonyms and store them encrypted and locally within the European Digital Identity Wallet;

(c) securely authenticate another person’s European Digital Identity Wallet, and receive and share person identification data and electronic attestations of attributes in a secured way between the two European Digital Identity Wallets;

(d) access a log of all transactions carried out through the European Digital Identity Wallet via a common dashboard enabling the user to:
(i) view an up-to-date list of relying parties with which the user has established a connection and, where applicable, all data exchanged;
(ii) easily request the erasure by a relying party of personal data pursuant to Article 17 of the Regulation (EU) 2016/679;
(iii) easily report a relying party to the competent national data protection authority, where an allegedly unlawful or suspicious request for data is received;

(e) sign by means of qualified electronic signatures or seal by means of qualified electronic seals;

(f) download, to the extent technically feasible, the user’s data, electronic attestation of attributes and configurations;

(g) exercise the user’s rights to data portability.

European Digital Identity Wallets shall, in particular:

(a) support common protocols and interfaces:
(i) for issuance of person identification data, qualified and non-qualified electronic attestations of attributes or qualified and non-qualified certificates to the European Digital Identity Wallet;
(ii) for relying parties to request and validate person identification data and electronic attestations of attributes;
(iii) for the sharing and presentation to relying parties of person identification data, electronic attestation of attributes or of selectively disclosed related data online and, where appropriate, in offline mode;
(iv) for the user to allow interaction with the European Digital Identity Wallet and display an EU Digital Identity Wallet Trust Mark;
(v) to securely onboard the user by using an electronic identification means in accordance with Article 5a(24);
(vi) for interaction between two persons’ European Digital Identity Wallets for the purpose of receiving, validating and sharing person identification data and electronic attestations of attributes in a secure manner;
(vii) for authenticating and identifying relying parties by implementing authentication mechanisms in accordance with Article 5b;
(viii) for relying parties to verify the authenticity and validity of European Digital Identity Wallets;
(ix) for requesting a relying party the erasure of personal data pursuant to Article 17 of Regulation (EU) 2016/679;
(x) for reporting a relying party to the competent national data protection authority where an allegedly unlawful or suspicious request for data is received;
(xi) for the creation of qualified electronic signatures or electronic seals by means of qualified electronic signature or electronic seal creation devices;

(b) not provide any information to trust service providers of electronic attestations of attributes about the use of those electronic attestations;

(c) ensure that the relying parties can be authenticated and identified by implementing authentication mechanisms in accordance with Article 5b;

(d) meet the requirements set out in Article 8 with regard to assurance level high, in particular as applied to the requirements for identity proofing and verification, and electronic identification means management and authentication;

(e) in the case of the electronic attestation of attributes with embedded disclosure policies, implement the appropriate mechanism to inform the user that the relying party or the user of the European Digital Identity Wallet requesting that electronic attestation of attributes has the permission to access such attestation;

(f) ensure that the person identification data, which is available from the electronic identification scheme under which the European Digital Identity Wallet is provided, uniquely represents the natural person, legal person or the natural person representing the natural or legal person, and is associated with that European Digital Identity Wallet;

(g) offer all natural persons the ability to sign by means of qualified electronic signatures by default and free of charge.

Notwithstanding point (g) of the first subparagraph, Member States may provide for proportionate measures to ensure that the use of qualified electronic signatures free-of-charge by natural persons is limited to non-professional purposes.

Member State shall inform users, without delay, of any security breach that could have entirely or partially compromised their European Digital Identity Wallet or its contents, in particular if their European Digital Identity Wallet has been suspended or revoked pursuant to Article 5e.

Without prejudice to Article 5f, Member States may provide, in accordance with national law, for additional functionalities of European Digital Identity Wallets, including interoperability with existing national electronic identification means. Those additional functionalities shall comply with this Article.

Member States shall provide validation mechanisms free-of-charge, in order to:

(a) ensure that the authenticity and validity of European Digital Identity Wallets can be verified;

(b) allow users to verify the authenticity and validity of the identity of relying parties registered in accordance with Article 5b.

Member States shall ensure that the validity of the European Digital Identity Wallet can be revoked in the following circumstances:

(a) upon the explicit request of the user;

(b) where the security of the European Digital Identity Wallet has been compromised;

10.

Providers of European Digital Identity Wallets shall ensure that users can easily request technical support and report technical problems or any other incidents having a negative impact on the use of European Digital Identity Wallets.

11.

European Digital Identity Wallets shall be provided under an electronic identification scheme with assurance level high.

12.

European Digital Identity Wallets shall ensure security-by-design.

13.

The issuance, use and revocation of the European Digital Identity Wallets shall be free of charge to all natural persons.

14.

Users shall have full control of the use of and of the data in their European Digital Identity Wallet. The provider of the European Digital Identity Wallet shall neither collect information about the use of the European Digital Identity Wallet which is not necessary for the provision of European Digital Identity Wallet services, nor combine person identification data or any other personal data stored or relating to the use of the European Digital Identity Wallet with personal data from any other services offered by that provider or from third-party services which are not necessary for the provision of European Digital Identity Wallet services, unless the user has expressly requested otherwise. Personal data relating to the provision of the European Digital Identity Wallet shall be kept logically separate from any other data held by the provider of the European Digital Identity Wallet. If the European Digital Identity Wallet is provided by private parties in accordance with paragraph 2, points (b) and (c), of this Article, the provisions of Article 45h(3) shall apply mutatis mutandis.

15.

The use of European Digital Identity Wallets shall be voluntary. Access to public and private services, access to the labour market and freedom to conduct business shall not in any way be restricted or made disadvantageous to natural or legal persons that do not use European Digital Identity Wallets. It shall remain possible to access public and private services by other existing identification and authentication means.

16.

The technical framework of the European Digital Identity Wallet shall:

(a) not allow providers of electronic attestations of attributes or any other party, after the issuance of the attestation of attributes, to obtain data that allows transactions or user behaviour to be tracked, linked or correlated, or knowledge of transactions or user behaviour to be otherwise obtained, unless explicitly authorised by the user;

(b) enable privacy preserving techniques which ensure unlinkability, where the attestation of attributes does not require the identification of the user.

17.

Any processing of personal data carried out by the Member States or on their behalf by bodies or parties responsible for the provision of European Digital Identity Wallets as electronic identification means shall be carried out in accordance with appropriate and effective data protection measures. Compliance of such processing with Regulation (EU) 2016/679 shall be demonstrated. Member States may introduce national provisions to further specify the application of such measures.

18.

Member States shall, without undue delay, notify the Commission of information about:

(a) the body responsible for establishing and maintaining the list of registered relying parties that rely on European Digital Identity Wallets in accordance with Article 5b(5) and the location of that list;

(b) the bodies responsible for the provision of European Digital Identity Wallets in accordance with Article 5a(1);

(c) the bodies responsible for ensuring that the person identification data is associated with the European Digital Identity Wallet in accordance with Article 5a(5), point (f);

(d) the mechanism allowing for the validation of the person identification data referred to in Article 5a(5), point (f), and of the identity of the relying parties;

(e) the mechanism by which to validate the authenticity and validity of European Digital Identity Wallets.

The Commission shall make available the information notified pursuant to the first subparagraph to the public through a secure channel, in electronically signed or sealed form suitable for automated processing.

19.

Without prejudice to paragraph 22 of this Article, Article 11 shall apply mutatis mutandis to the European Digital Identity Wallet.

20.

Article 24(2), points (b), and (d) to (h), shall apply mutatis mutandis to providers of European Digital Identity Wallets.

21.

European Digital Identity Wallets shall be made accessible for use, by persons with disabilities, on an equal basis with other users, in accordance with Directive (EU) 2019/882 of the European Parliament and of the Council ([^E0003]).

22.

For the purposes of the provision of European Digital Identity Wallets, European Digital Identity Wallets and the electronic identification schemes under which they are provided shall not be subject to the requirements laid down in Articles 7, 9, 10, 12 and 12a.

23.

By 21 November 2024, the Commission shall, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures for the requirements referred to in paragraphs 4, 5, 8 and 18 of this Article on the implementation of the European Digital Identity Wallet. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

24.

The Commission shall, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures in order to facilitate the onboarding of users to the European Digital Identity Wallet either by electronic identification means conforming to assurance level high or by electronic identification means conforming to assurance level substantial in conjunction with additional remote onboarding procedures that together meet the requirements of assurance level high. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 5b

European Digital Identity Wallet-Relying Parties

Where a relying party intends to rely upon European Digital Identity Wallets for the provision of public or private services by means of digital interaction, the relying party shall register in the Member State where it is established.

The registration process shall be cost-effective and proportionate-to-risk. The relying party shall provide at least:

(a) the information necessary to authenticate to European Digital Identity Wallets, which as a minimum includes:
(i) the Member State in which the relying party is established; and
(ii) the name of the relying party and, where applicable, its registration number as stated in an official record together with identification data of that official record;

(b) the contact details of the relying party;

(c) the intended use of European Digital Identity Wallets, including an indication of the data to be requested by the relying party from users.

Relying parties shall not request users to provide any data other than that indicated pursuant to paragraph 2, point (c).

Paragraphs 1 and 2 shall be without prejudice to Union or national law that is applicable to the provision of specific services.

Member States shall make the information referred to in paragraph 2 publicly available online in electronically signed or sealed form suitable for automated processing.

Relying parties registered in accordance with this Article shall inform Member States without delay about any changes to the information provided in the registration pursuant to paragraph 2.

Member States shall provide a common mechanism for allowing the identification and authentication of relying parties, as referred to in Article 5a(5), point (c).

Where relying parties intend to rely upon European Digital Identity Wallets, they shall identify themselves to the user.

Relying parties shall be responsible for carrying out the procedure for authenticating and validating person identification data and electronic attestation of attributes requested from European Digital Identity Wallets. Relying parties shall not refuse the use of pseudonyms, where the identification of the user is not required by Union or national law.

10.

Intermediaries acting on behalf of relying parties shall be deemed to be relying parties and shall not store data about the content of the transaction.

11.

By 21 November 2024, the Commission shall establish technical specifications and procedures for the requirements referred to in paragraphs 2, 5 and 6 to 9 of this Article by means of implementing acts on the implementation of European Digital Identity Wallets as referred to in Article 5a(23). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 5c

Certification of European Digital Identity Wallets

The conformity of European Digital Identity Wallets and the electronic identification scheme under which they are provided with the requirements laid down in Article 5a(4), (5), (8), the requirement for logical separation laid down in Article 5a(14) and, where applicable, with the standards and technical specifications referred to in Article 5a(24), shall be certified by conformity assessment bodies designated by Member States.

Certification of the conformity of European Digital Identity Wallets with requirements referred to in paragraph 1 of this Article, or parts thereof, that are relevant for cybersecurity shall be carried out in accordance with European cybersecurity certification schemes adopted pursuant to Regulation (EU) 2019/881 of the European Parliament and of the Council ([^E0004]) and referred to in the implementing acts referred to in paragraph 6 of this Article.

For requirements referred to in paragraph 1 of this Article that are not relevant for cybersecurity, and, for requirements referred to in paragraph 1 of this Article that are relevant for cybersecurity, to the extent that cybersecurity certification schemes as referred to in paragraph 2 of this Article do not, or only partially, cover those cybersecurity requirements, also for those requirements, Member States shall establish national certification schemes following the requirements set out in the implementing acts referred to in paragraph 6 of this Article. Member States shall transmit their draft national certification schemes to the European Digital Identity Cooperation Group established pursuant to Article 46e(1) (the ‘Cooperation Group’). The Cooperation Group may issue opinions and recommendations.

Certification pursuant to paragraph 1 shall be valid for up to five years, provided that a vulnerability assessment is carried out every two years. Where a vulnerability is identified and not remedied in a timely manner, certification shall be cancelled.

Compliance with the requirements set out in Article 5a of this Regulation related to the personal data processing operations may be certified pursuant to Regulation(EU) 2016/679.

By 21 November 2024, the Commission shall, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures for the certification of European Digital Identity Wallets referred to in paragraph 1, 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Member States shall communicate to the Commission the names and addresses of the conformity assessment bodies referred to in paragraph 1. The Commission shall make that information available to all Member States.

The Commission shall be empowered to adopt delegated acts in accordance with Article 47 establishing specific criteria to be met by the designated conformity assessment bodies referred to in paragraph 1 of this Article.

Article 5d

Publication of a list of certified European Digital Identity Wallets

Member States shall inform the Commission and the Cooperation Group established pursuant to Article 46e(1) without undue delay of European Digital Identity Wallets that have been provided pursuant to Article 5a and certified by the conformity assessment bodies referred to in Article 5c(1). They shall inform the Commission and the Cooperation Group established pursuant to Article 46e(1), without undue delay if a certification is cancelled and shall state the reasons for the cancellation.

Without prejudice to Article 5a(18), the information provided by Member States referred to in paragraph 1 of this Article shall include at least:

(a) the certificate and certification assessment report of the certified European Digital Identity Wallet;

(b) a description of the electronic identification scheme under which the European Digital Identity Wallet is provided;

(c) the applicable supervisory regime and information on the liability regime with respect to the party providing the European Digital Identity Wallet;

(d) the authority or authorities responsible for the electronic identification scheme;

(e) arrangements for suspension or revocation of the electronic identification scheme or authentication or of the compromised parts concerned.

On the basis of the information received pursuant to paragraph 1, the Commission shall establish, publish in the Official Journal of the European Union and maintain in a machine-readable form a list of certified European Digital Identity Wallets.

A Member State may submit a request to the Commission to remove a European Digital Identity Wallet and the electronic identification scheme under which it is provided from the list referred to in paragraph 3.

Where there are changes to the information provided pursuant to paragraph 1, the Member State shall provide the Commission with updated information.

The Commission shall keep the list referred to in paragraph 3 updated by publishing in the Official Journal of the European Union the corresponding amendments to the list within one month of receipt of a request pursuant to paragraph 4 or of updated information pursuant to paragraph 5.

By 21 November 2024, the Commission shall establish the formats and procedures applicable for the purposes of paragraphs 1, 4 and 5 of this Article by means of implementing acts on the implementation of European Digital Identity Wallets as referred to in Article 5a(23). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 5e

Security breach of European Digital Identity Wallets

Where European Digital Identity Wallets provided pursuant to Article 5a, the validation mechanisms referred to in Article 5a(8) or the electronic identification scheme under which the European Digital Identity Wallets are provided are breached or partly compromised in a manner that affects their reliability or the reliability of other European Digital Identity Wallets, the Member State that provided the European Digital Identity Wallets shall, without undue delay, suspend the provision and the use of European Digital Identity Wallets.

Where justified by the severity of the security breach or compromise referred to in the first subparagraph, the Member State shall withdraw European Digital Identity Wallets without undue delay.

The Member State shall inform the users affected, the single points of contact designated pursuant to Article 46c(1), the relying parties and the Commission accordingly.

If the security breach or compromise referred to in paragraph 1, first subparagraph, of this Article is not remedied within three months of the suspension, the Member State that provided the European Digital Identity Wallets shall withdraw European Digital Identity Wallets and revoke their validity. The Member State shall inform the users affected, the single points of contact designated pursuant to Article 46c(1), the relying parties and the Commission of the withdrawal accordingly.

Where the security breach or compromise referred to in paragraph 1, first subparagraph, of this Article is remedied, the providing Member State shall re-establish the provision and the use of European Digital Identity Wallets and inform the affected users and relying parties, the single points of contact designated pursuant to Article 46c(1) and the Commission without undue delay.

The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 5d without undue delay.

By 21 November 2024, the Commission shall, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures for the measures referred to in paragraphs 1, 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 5f

Cross-border reliance on European Digital Identity Wallets

Where Member States require electronic identification and authentication to access an online service provided by a public sector body, they shall also accept European Digital Identity Wallets that are provided in accordance with this Regulation.

Where private relying parties that provide services, with the exception of microenterprises and small enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC ([^E0005]), are required by Union or national law to use strong user authentication for online identification or where strong user authentication for online identification is required by contractual obligation, including in the areas of transport, energy, banking, financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications, those private relying parties shall, no later than 36 months from the date of entry into force of the implementing acts referred to in Article 5a(23) and Article 5c(6) and only upon the voluntary request of the user, also accept European Digital Identity Wallets that are provided in accordance with this Regulation.

Where providers of very large online platforms as referred to in Article 33 of Regulation (EU) 2022/2065 of the European Parliament and of the Council ([^E0006]) require user authentication for access to online services, they shall also accept and facilitate the use of European Digital Identity Wallets that are provided in accordance with this Regulation for user authentication only upon the voluntary request of the user and in respect of the minimum data necessary for the specific online service for which authentication is requested.

In cooperation with Member States, the Commission shall facilitate the development of codes of conduct in close collaboration with all relevant stakeholders, including civil society, in order to contribute to the wide availability and usability of European Digital Identity Wallets within the scope of this Regulation, and to encourage service providers to complete the development of codes of conduct.

Within 24 months after deployment of the European Digital Identity Wallets, the Commission shall assess the demand for, and the availability and usability of, European Digital Identity Wallets, taking into account criteria such as user take-up, cross-border presence of service providers, technological developments, evolution in usage patterns and consumer demand.

SECTION 2 electronic identification schemes

Article 6

Mutual recognition

When an electronic identification using an electronic identification means and authentication is required under national law or by administrative practice to access a service provided by a public sector body online in one Member State, the electronic identification means issued in another Member State shall be recognised in the first Member State for the purposes of cross-border authentication for that service online, provided that the following conditions are met:

(a) the electronic identification means is issued under an electronic identification scheme that is included in the list published by the Commission pursuant to Article 9;

(b) the assurance level of the electronic identification means corresponds to an assurance level equal to or higher than the assurance level required by the relevant public sector body to access that service online in the first Member State, provided that the assurance level of that electronic identification means corresponds to the assurance level substantial or high;

(c) the relevant public sector body uses the assurance level substantial or high in relation to accessing that service online.

Such recognition shall take place no later than 12 months after the Commission publishes the list referred to in point (a) of the first subparagraph.

An electronic identification means which is issued under an electronic identification scheme included in the list published by the Commission pursuant to Article 9 and which corresponds to the assurance level low may be recognised by public sector bodies for the purposes of cross-border authentication for the service provided online by those bodies.

Article 7

Eligibility for notification of electronic identification schemes

An electronic identification scheme shall be eligible for notification pursuant to Article 9(1) provided that all of the following conditions are met:

(a) the electronic identification means under the electronic identification scheme are issued:
(i) by the notifying Member State;
(ii) under a mandate from the notifying Member State; or
(iii) independently of the notifying Member State and are recognised by that Member State;

(b) the electronic identification means under the electronic identification scheme can be used to access at least one service which is provided by a public sector body and which requires electronic identification in the notifying Member State;

(c) the electronic identification scheme and the electronic identification means issued thereunder meet the requirements of at least one of the assurance levels set out in the implementing act referred to in Article 8(3);

(d) the notifying Member State ensures that the person identification data uniquely representing the person in question is attributed, in accordance with the technical specifications, standards and procedures for the relevant assurance level set out in the implementing act referred to in Article 8(3), to the natural or legal person referred to in point 1 of Article 3 at the time the electronic identification means under that scheme is issued;

(e) the party issuing the electronic identification means under that scheme ensures that the electronic identification means is attributed to the person referred to in point (d) of this Article in accordance with the technical specifications, standards and procedures for the relevant assurance level set out in the implementing act referred to in Article 8(3);

(f) the notifying Member State ensures the availability of authentication online, so that any relying party established in the territory of another Member State is able to confirm the person identification data received in electronic form. For relying parties other than public sector bodies the notifying Member State may define terms of access to that authentication. The cross-border authentication shall be provided free of charge when it is carried out in relation to a service online provided by a public sector body. Member States shall not impose any specific disproportionate technical requirements on relying parties intending to carry out such authentication, where such requirements prevent or significantly impede the interoperability of the notified electronic identification schemes;

(g) at least six months prior to notification pursuant to Article 9(1), the notifying Member State provides the other Member States, for the purposes of Article 12(5), with a description of that scheme in accordance with the procedural arrangements established by the implementing acts adopted pursuant to Article 12(6);

(h) the electronic identification scheme meets the requirements set out in the implementing act referred to in Article 12(8).

Article 8

Assurance levels of electronic identification schemes

An electronic identification scheme notified pursuant to Article 9(1) shall specify assurance levels low, substantial and/or high for electronic identification means issued under that scheme.

The assurance levels low, substantial and high shall meet respectively the following criteria:

(a) assurance level low shall refer to an electronic identification means in the context of an electronic identification scheme, which provides a limited degree of confidence in the claimed or asserted identity of a person, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of misuse or alteration of the identity;

(b) assurance level substantial shall refer to an electronic identification means in the context of an electronic identification scheme, which provides a substantial degree of confidence in the claimed or asserted identity of a person, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease substantially the risk of misuse or alteration of the identity;

(c) assurance level high shall refer to an electronic identification means in the context of an electronic identification scheme, which provides a higher degree of confidence in the claimed or asserted identity of a person than electronic identification means with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to prevent misuse or alteration of the identity.

By 18 September 2015, taking into account relevant international standards and subject to paragraph 2, the Commission shall, by means of implementing acts, set out minimum technical specifications, standards and procedures with reference to which assurance levels low, substantial and high are specified for electronic identification means.

Those minimum technical specifications, standards and procedures shall be set out by reference to the reliability and quality of the following elements:

(a) the procedure to prove and verify the identity of natural or legal persons applying for the issuance of electronic identification means;

(b) the procedure for the issuance of the requested electronic identification means;

(c) the authentication mechanism, through which the natural or legal person uses the electronic identification means to confirm its identity to a relying party;

(d) the entity issuing the electronic identification means;

(e) any other body involved in the application for the issuance of the electronic identification means; and

(f) the technical and security specifications of the issued electronic identification means.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 9

Notification

The notifying Member State shall notify to the Commission the following information and, without undue delay, any subsequent changes thereto:

(a) a description of the electronic identification scheme, including its assurance levels and the issuer or issuers of electronic identification means under the scheme;

(b) the applicable supervisory regime and information on the liability regime with respect to the following:
(i) the party issuing the electronic identification means; and
(ii) the party operating the authentication procedure;

(d) information on the entity or entities which manage the registration of the unique person identification data;

(e) a description of how the requirements set out in the implementing acts referred to in Article 12(8) are met;

(f) a description of the authentication referred to in point (f) of Article 7;

(g) arrangements for suspension or revocation of either the notified electronic identification scheme or authentication or the compromised parts concerned.

The Commission shall, without undue delay, publish in the Official Journal of the European Union a list of the electronic identification schemes which were notified pursuant to paragraph 1 together with basic information about those schemes.

The Commission shall publish in the Official Journal of the European Union the amendments to the list referred to in paragraph 2 within one month of the date of receipt of that notification.

A Member State may submit to the Commission a request to remove an electronic identification scheme notified by that Member State from the list referred to in paragraph 2. The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list within one month from the date of receipt of the Member State’s request.

The Commission may, by means of implementing acts, define the circumstances, formats and procedures of notifications under paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 10

Security breach of electronic identification schemes

Where either the electronic identification scheme notified pursuant to Article 9(1) or the authentication referred to in point (f) of Article 7 is breached or partly compromised in a manner that affects the reliability of the cross-border authentication of that scheme, the notifying Member State shall, without delay, suspend or revoke that cross-border authentication or the compromised parts concerned, and shall inform other Member States and the Commission.

When the breach or compromise referred to in paragraph 1 is remedied, the notifying Member State shall re-establish the cross-border authentication and shall inform other Member States and the Commission without undue delay.

If the breach or compromise referred to in paragraph 1 is not remedied within three months of the suspension or revocation, the notifying Member State shall notify other Member States and the Commission of the withdrawal of the electronic identification scheme.

The Commission shall publish in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 9(2) without undue delay.

Article 11

Liability

The notifying Member State shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with its obligations under points (d) and (f) of Article 7 in a cross-border transaction.

The party issuing the electronic identification means shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligation referred to in point (e) of Article 7 in a cross-border transaction.

The party operating the authentication procedure shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to ensure the correct operation of the authentication referred to in point (f) of Article 7 in a cross-border transaction.

Paragraphs 1, 2 and 3 shall be applied in accordance with national rules on liability.

Paragraphs 1, 2 and 3 are without prejudice to the liability under national law of parties to a transaction in which electronic identification means falling under the electronic identification scheme notified pursuant to Article 9(1) are used.

Article 11a

Cross-border identity matching

When acting as relying parties for cross-border services, Member States shall ensure unequivocal identity matching for natural persons using notified electronic identification means or European Digital Identity Wallets.

Member States shall provide for technical and organisational measures to ensure a high level of protection of personal data used for identity matching and to prevent the profiling of users.

By 21 November 2024, the Commission shall establish a list of reference standards and, where necessary, establish specifications and procedures for the requirements referred to in paragraph 1 of this Article by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 12

Interoperability

The national electronic identification schemes notified pursuant to Article 9(1) shall be interoperable.

For the purposes of paragraph 1, an interoperability framework shall be established.

The interoperability framework shall meet the following criteria:

(a) it aims to be technology neutral and does not discriminate between any specific national technical solutions for electronic identification within a Member State;

(b) it follows European and international standards, where possible;

The interoperability framework shall consist of:

(a) a reference to minimum technical requirements related to the assurance levels under Article 8;

(b) a mapping of national assurance levels of notified electronic identification schemes to the assurance levels under Article 8;

(d) a reference to a minimum set of person identification data necessary to uniquely represent a natural or legal person, or a natural person representing another natural person or a legal person, which is available from electronic identification schemes;

(e) rules of procedure;

(f) arrangements for dispute resolution; and

(g) common operational security standards.

Member States shall carry out peer reviews of the electronic identification schemes that fall within the scope of this Regulation and that are to be notified pursuant to Article 9(1), point (a).

By 18 March 2025, the Commission shall, by means of implementing acts, establish the necessary procedural arrangements for the peer reviews referred to in paragraph 5 of this Article with a view to fostering a high level of trust and security appropriate to the degree of risk. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

By 18 September 2025, for the purpose of setting uniform conditions for the implementation of the requirement under paragraph 1 of this Article, the Commission shall, subject to the criteria set out in paragraph 3 of this Article and taking into account the results of the cooperation between Member States, adopt implementing acts on the interoperability framework as set out in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

The implementing acts referred to in paragraphs 7 and 8 of this Article shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Article 12a

Certification of electronic identification schemes

The conformity of electronic identification schemes to be notified with the cybersecurity requirements laid down in this Regulation, including conformity with the cybersecurity relevant requirements set out in Article 8(2) regarding the assurance levels of electronic identification schemes, shall be certified by conformity assessment bodies designated by Member States.

Certification pursuant to paragraph 1 of this Article shall be carried out under a relevant cybersecurity certification scheme pursuant to Regulation (EU) 2019/881 or parts thereof, insofar as the cybersecurity certificate or parts thereof cover those cybersecurity requirements.

Certification pursuant to paragraph 1 shall be valid for up to five years, provided that a vulnerability assessment is carried out every two years. Where a vulnerability is identified and not remedied within three months of such identification, certification shall be cancelled.

Notwithstanding paragraph 2, Member States may request, in accordance with that paragraph, additional information from a notifying Member State about electronic identification schemes or part thereof certified.

The peer review of electronic identification schemes referred to in Article 12(5) shall not apply to electronic identification schemes or parts of such schemes certified in accordance with paragraph 1 of this Article. Member States may use a certificate or a statement of conformity, issued in accordance with a relevant certification scheme or parts of such schemes, with the non-cybersecurity-related requirements set out in Article 8(2) regarding the assurance level of electronic identification schemes.

Article 12b

Access to hardware and software features

Where providers of European Digital Identity Wallets and issuers of notified electronic identification means that act in a commercial or professional capacity and use core platform services as defined in Article 2, point (2), of Regulation (EU) 2022/1925 of the European Parliament and of the Council ([^E0007]) for the purpose or in the course of providing European Digital Identity Wallet services and electronic identification means to end-users are business users as defined in Article 2, point (21), of that Regulation, gatekeepers shall in particular allow them effective interoperability with, and, for the purposes of interoperability, access to, the same operating system, hardware or software features. Such effective interoperability and access shall be allowed free of charge and regardless of whether the hardware or software features are part of the operating system, are available to, or are used by, that gatekeeper when providing such services, within the meaning of Article 6(7) of Regulation (EU) 2022/1925. This Article is without prejudice to Article 5a(14) of this Regulation.

CHAPTER III TRUST SERVICES

SECTION 1 General provisions

Article 13

Liability and burden of proof

Notwithstanding paragraph 2 of this Article and without prejudice to Regulation (EU) 2016/679, 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.

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.

Paragraphs 1 and 2 shall be applied in accordance with national rules on liability.

Article 14

International aspects

Trust services provided by trust service providers established in a third country or by an international organisation shall be recognised as legally equivalent to qualified trust services provided by qualified trust service providers established in the Union, where the trust services originating from the third country or from the international organisation are recognised by means of implementing acts or an agreement concluded between the Union and the third country or the international organisation pursuant to Article 218 TFEU.

The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 48(2).

The implementing acts and the agreement referred to in paragraph 1 shall ensure that the requirements applicable to qualified trust service providers established in the Union and the qualified trust services they provide are met by the trust service providers in the third country concerned or by the international organisation and by the trust services they provide. Third countries and international organisations shall in particular establish, maintain and publish a trusted list of recognised trust service providers.

The agreement referred to in paragraph 1 shall ensure that the qualified trust services provided by qualified trust service providers established in the Union are recognised as legally equivalent to trust services provided by trust service providers in the third country or by the international organisation with which the agreement is concluded.

Article 15

Accessibility for persons with disabilities and special needs

The provision of electronic identification means, trust services and end-user products that are used in the provision of those services shall be made available in plain and intelligible language, in accordance with the United Nations Convention on the Rights of Persons with Disabilities and with the accessibility requirements of Directive (EU) 2019/882, thus also benefiting persons who experience functional limitations, such as elderly people, and persons with limited access to digital technologies.

Article 16

Penalties

Without prejudice to Article 31 of Directive (EU) 2022/2555 of the European Parliament and of the Council ([^E0008]), Member States shall lay down the rules on penalties applicable to infringements of this Regulation. Those penalties shall be effective, proportionate and dissuasive.

Member States shall ensure that infringements of this Regulation by qualified and non-qualified trust service providers be subject to administrative fines of a maximum of at least:

(a) EUR 5 000 000 where the trust service provider is a natural person; or

(b) where the trust service provider is a legal person, EUR 5 000 000 or 1 % of the total worldwide annual turnover of the undertaking to which the trust service provider belonged in the financial year preceding the year in which the infringement occurred, whichever is higher.

Depending on the legal system of the Member States, the rules on administrative fines may be applied in such a manner that the fine is initiated by the competent supervisory body and imposed by competent national courts. The application of such rules in those Member States shall ensure that those legal remedies are effective and have an equivalent effect to administrative fines imposed directly by supervisory authorities.

SECTION 2 Non-qualified trust services

Article 19a

Requirements for non-qualified trust service providers

A non-qualified trust service provider providing non-qualified trust services shall:

(a) have appropriate policies and take corresponding measures to manage legal, business, operational and other direct or indirect risks to the provision of the non-qualified trust service, which shall, notwithstanding Article 21 of Directive (EU) 2022/2555, include at least measures relating to:
(i) registration and onboarding procedures for a trust service;
(ii) procedural or administrative checks needed to provide trust services;
(iii) the management and implementation of trust services;

(b) notifying the supervisory body, the identifiable affected individuals, the public if it is of public interest and, where applicable, other relevant competent authorities, of any security breaches or disruptions in the provision of the service or the implementation of the measures referred to in point (a) (i), (ii) or (iii), that have a significant impact on the trust service provided or on the personal data maintained therein, without undue delay and in any case no later than 24 hours of having become aware of any security breaches or disruptions.

By 21 May 2025, the Commission shall, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures for paragraph 1, point (a), of this Article. Compliance with the requirements laid down in this Article shall be presumed where those standards, specifications and procedures are met. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

SECTION 3 Qualified trust services

Article 20

Supervision of qualified trust service providers

Qualified trust service providers shall be audited at their own expense at least every 24 months by a conformity assessment body. The audit shall confirm that the qualified trust service providers and the qualified trust services provided by them fulfil the requirements laid down in this Regulation and in Article 21 of Directive (EU) 2022/2555. Qualified trust service providers shall submit the resulting conformity assessment report to the supervisory body within three working days of receipt.

1a. Qualified trust service providers shall inform the supervisory body at the latest one month before any planned audits and shall allow the supervisory body to participate as an observer upon request.

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