1Regulation (EU) 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework
32024R1183
European Union
§ Article 29a
Article 29a shall apply mutatis mutandis to a qualified service for the management of remote qualified electronic seal creation devices.;
(40) the following article is inserted in Chapter III, Section 5:
Article 40a
Requirements for the validation of advanced electronic seals based on qualified certificates
§ Article 32a
Article 32a shall apply mutatis mutandis to the validation of advanced electronic seals based on qualified certificates.;
(41) in Article 41, paragraph 3 is deleted;
(42) Article 42 is amended as follows:
(a) the following paragraph is inserted:
1a.
Compliance with the requirements laid down in paragraph 1 shall be presumed where the binding of date and time to data and the accuracy of the time source comply with the standards, specifications and procedures referred to in paragraph 2.;
(b) paragraph 2 is replaced by the following
- 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 the binding of date and time to data and for establishing the accuracy of time sources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).;
(43) Article 44 is amended as follows:
(a) the following paragraph is inserted:
1a.
Compliance with the requirements laid down in paragraph 1 shall be presumed where the process for sending and receiving data complies with the standards, specifications and procedures referred to in paragraph 2.;
(b) paragraph 2 is replaced by the following:
- 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 processes for sending and receiving data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).;
(c) the following paragraphs are inserted:
2a.
Providers of qualified electronic registered delivery services may agree on interoperability between qualified electronic registered delivery services which they provide. Such interoperability framework shall comply with the requirements laid down in paragraph 1 and such compliance shall be confirmed by a conformity assessment body.
2b.
The Commission may, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures for the interoperability framework referred to in paragraph 2a of this Article. The technical specifications and content of standards shall be cost-effective and proportionate. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).;
(44) Article 45 is replaced by the following:
Article 45
Requirements for qualified certificates for website authentication
- Qualified certificates for website authentication shall meet the requirements laid down in Annex IV. The evaluation of compliance with those requirements shall be carried out in accordance with the standards, specifications and procedures referred to in paragraph 2 of this Article.
1a.
Qualified certificates for website authentication issued in accordance with paragraph 1 of this Article shall be recognised by providers of web-browsers. Providers of web-browsers shall ensure that the identity data attested in the certificate and additional attested attributes are displayed in a user-friendly manner. Providers of web-browsers shall ensure support and interoperability with qualified certificates for website authentication referred to in paragraph 1 of this Article, with the exception of microenterprises or small enterprises as defined in Article 2 of the Annex to Recommendation 2003/361/EC during the first five years of operating as providers of web-browsing services.
1b.
Qualified certificates for website authentication shall not be subject to any mandatory requirements other than the requirements laid down in paragraph 1.
- 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 qualified certificates for website authentication, referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).;
(45) the following article is inserted:
Article 45a
Cybersecurity precautionary measures
- Providers of web-browsers shall not take any measures contrary to their obligations set out in Article 45, in particular the requirements to recognise qualified certificates for website authentication and to display the identity data provided in a user-friendly manner.
- By way of derogation from paragraph 1 and only in the event of substantiated concerns related to security breaches or the loss of integrity of an identified certificate or set of certificates, providers of web-browsers may take precautionary measures in relation to that certificate or set of certificates.
- Where a provider of a web-browser takes precautionary measures pursuant to paragraph 2, the provider of the web-browser shall notify its concerns in writing, without undue delay, together with a description of the measures taken to mitigate those concerns, to the Commission, the competent supervisory body, the entity to whom the certificate was issued and to the qualified trust service provider that issued that certificate or set of certificates. Upon receipt of such a notification, the competent supervisory body shall issue an acknowledgement of receipt to the provider of the web-browser in question.
- The competent supervisory body shall investigate the issues raised in the notification in accordance with Article 46b(4), point (k). Where the outcome of that investigation does not result in the withdrawal of the qualified status of the certificate, the supervisory body shall inform the provider of the web-browser accordingly and shall request that provider to put an end to the precautionary measures referred to in paragraph 2 of this Article.;
(46) the following sections are added in Chapter III:
SECTION 9
ELECTRONIC ATTESTATION OF ATTRIBUTES
Article 45b
Legal effects of electronic attestation of attributes
- An electronic attestation of attributes shall not be denied legal effect or admissibility as evidence in legal proceedings on the sole ground that it is in electronic form or that it does not meet the requirements for qualified electronic attestations of attributes.
- A qualified electronic attestation of attributes and attestations of attributes issued by, or on behalf of, a public sector body responsible for an authentic source shall have the same legal effect as lawfully issued attestations in paper form.
- An attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source in one Member State shall be recognised as an attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source in all Member States.
Article 45c
Electronic attestation of attributes in public services
Where an electronic identification using an electronic identification means and authentication is required under national law to access an online service provided by a public sector body, person identification data in the electronic attestation of attributes shall not substitute electronic identification using an electronic identification means and authentication for electronic identification unless specifically allowed by the Member State. In such a case, qualified electronic attestation of attributes from other Member States shall also be accepted.
Article 45d
Requirements for qualified electronic attestation of attributes
- Qualified electronic attestation of attributes shall meet the requirements laid down in Annex V.
- The evaluation of compliance with the requirements laid down in Annex V shall be carried out in accordance with the standards, specifications and procedures referred to in paragraph 5 of this Article.
- Qualified electronic attestations of attributes shall not be subject to any mandatory requirement in addition to the requirements laid down in Annex V.
- Where a qualified electronic attestation of attributes has been revoked after initial issuance, it shall lose its validity from the moment of its revocation and its status shall not in any circumstances be reverted.
- 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 qualified electronic attestations of attributes. Those implementing acts shall be consistent with the implementing acts referred to in Article 5a(23) on the implementation of the European Digital Identity Wallet. They shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 45e
Verification of attributes against authentic sources
- Member States shall ensure, within 24 months of the date of entry into force of the implementing acts referred to in Articles 5a(23) and 5c(6), that, at least for the attributes listed in Annex VI, wherever those attributes rely on authentic sources within the public sector, measures are taken to allow qualified trust service providers of electronic attestations of attributes to verify those attributes by electronic means at the request of the user, in accordance with Union or national law.
- By 21 November 2024, the Commission shall, taking into account relevant international standards, by means of implementing acts, establish a list of reference standards and, where necessary, establish specifications and procedures for the catalogue of attributes, as well as schemes for the attestation of attributes and verification procedures for qualified electronic attestations of attributes for the purposes of paragraph 1 of this Article. Those implementing acts shall be consistent with the implementing acts referred to in Article 5a(23) on the implementation of the European Digital Identity Wallet. They shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 45f
Requirements for electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source
- An electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source shall meet the following requirements:
(a) those set out in Annex VII;
(b) the qualified certificate supporting the qualified electronic signature or qualified electronic seal of the public sector body referred to in Article 3, point (46), identified as the issuer referred to in point (b), of Annex VII, containing a specific set of certified attributes in a form suitable for automated processing and:
(i) indicating that the issuing body is established in accordance with Union or national law as the responsible for the authentic source on the basis of which the electronic attestation of attributes is issued or as the body designated to act on its behalf;
(ii) providing a set of data unambiguously representing the authentic source referred to in point (i); and
(iii) identifying the Union or national law referred to in point (i).
- The Member State where public sector bodies referred to in Article 3, point (46), are established shall ensure that the public sector bodies that issue electronic attestations of attributes meet a level of reliability and trustworthiness equivalent to qualified trust service providers in accordance with Article 24.
- Member States shall notify public sector bodies referred to in Article 3, point (46), to the Commission. That notification shall include a conformity assessment report issued by a conformity assessment body confirming that the requirements set out in paragraphs 1, 2 and 6 of this Article are met. The Commission shall make available to the public, through a secure channel, the list of public sector bodies referred to in Article 3, point (46), in electronically signed or sealed form suitable for automated processing.
- Where an electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source has been revoked after initial issuance, it shall lose its validity from the moment of its revocation and its status shall not be reverted.
- An electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source shall be deemed to be compliant with the requirements laid down in paragraph 1, where it complies with the standards, specifications and procedures referred to in paragraph 6.
- 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 electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source. Those implementing acts shall be consistent with the implementing acts referred to in Article 5a(23) on the implementation of the European Digital Identity Wallet. They shall be adopted in accordance with the examination procedure referred to in Article 48(2).
- 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 purposes of paragraph 3 of this Article. Those implementing acts shall be consistent with the implementing acts referred to in Article 5a(23) on the implementation of the European Digital Identity Wallet. They shall be adopted in accordance with the examination procedure referred to in Article 48(2).
- Public sector bodies referred to in Article 3, point (46), issuing electronic attestation of attributes shall provide an interface with European Digital Identity Wallets that are provided in accordance with Article 5a.
Article 45g
Issuing of electronic attestation of attributes to European Digital Identity Wallets
- Providers of electronic attestations of attributes shall provide European Digital Identity Wallet users with the possibility to request, obtain, store and manage the electronic attestation of attributes irrespective of the Member State where the European Digital Identity Wallet is provided.
- Providers of qualified electronic attestations of attributes shall provide an interface with European Digital Identity Wallets that are provided in accordance in Article 5a.
Article 45h
Additional rules for the provision of electronic attestation of attributes services
- Providers of qualified and non-qualified electronic attestation of attributes services shall not combine personal data relating to the provision of those services with personal data from any other services offered by them or their commercial partners.
- Personal data relating to the provision of electronic attestation of attributes services shall be kept logically separate from other data held by the provider of electronic attestation of attributes.
- Providers of qualified electronic attestation of attributes’ services shall implement the provision of such qualified trust services in a manner that is functionally separate from other services provided by them.
SECTION 10
ELECTRONIC ARCHIVING SERVICES
Article 45i
Legal effect of electronic archiving services
- Electronic data and electronic documents preserved using an electronic archiving service shall not be denied legal effect or admissibility as evidence in legal proceedings on the sole ground that they are in electronic form or that they are not preserved using a qualified electronic archiving service.
- Electronic data and electronic documents preserved using a qualified electronic archiving service shall enjoy the presumption of their integrity and of their origin for the duration of the preservation period by the qualified trust service provider.
Article 45j
Requirements for qualified electronic archiving services
- Qualified electronic archive services shall meet the following requirements:
(a) they are provided by qualified trust service providers;
(b) they use procedures and technologies capable of ensuring the durability and legibility of electronic data and electronic documents beyond the technological validity period and at least throughout the legal or contractual preservation period, while maintaining their integrity and the accuracy of their origin;
(c) they ensure that those electronic data and those electronic documents are preserved in such a way that they are safeguarded against loss and alteration, except for changes concerning their medium or electronic format;
(d) they shall allow authorised relying parties to receive a report in an automated manner that confirms that electronic data and electronic documents retrieved from a qualified electronic archive enjoy the presumption of integrity of the data from the beginning of the preservation period to the moment of retrieval.
The report referred to in point (d) of the first subparagraph shall be provided in a reliable and efficient way and shall bear the qualified electronic signature or qualified electronic seal of the provider of the qualified electronic archiving service.
- 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 qualified electronic archiving services. Compliance with the requirements for qualified electronic archive services shall be presumed where a qualified electronic archive service complies with those standards, specifications and procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
SECTION 11
ELECTRONIC LEDGERS
Article 45k
Legal effects of electronic ledgers
- An electronic ledger shall not be denied legal effect or admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic ledgers.
- Data records contained in a qualified electronic ledger shall enjoy the presumption of their unique and accurate sequential chronological ordering and of their integrity.
Article 45l
Requirements for qualified electronic ledgers
- Qualified electronic ledgers shall meet the following requirements:
(a) they are created and managed by one or more qualified trust service providers;
(b) they establish the origin of data records in the ledger;
(c) they ensure the unique sequential chronological ordering of data records in the ledger;
(d) they record data in such a way that any subsequent change to the data is immediately detectable, ensuring their integrity over time.
- Compliance with the requirements laid down in paragraph 1 shall be presumed where an electronic ledger complies with the standards, specifications and procedures referred to in paragraph 3.
- 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 the requirements laid down in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).;
(47) the following chapter is inserted:
CHAPTER IVa
GOVERNANCE FRAMEWORK
Article 46a
Supervision of the European Digital Identity Wallet Framework
- Member States shall designate one or more supervisory bodies established in their territory.
The supervisory bodies designated pursuant to the first subparagraph shall be given the necessary powers and adequate resources for the exercise of their tasks in an effective, efficient and independent manner.
- Member States shall notify to the Commission the names and the addresses of their supervisory bodies designated pursuant to paragraph 1 and any subsequent changes thereto. The Commission shall publish a list of the notified supervisory bodies.
- The role of the supervisory bodies designated pursuant to paragraph 1 shall be:
(a) to supervise providers of European Digital Identity Wallets established in the designating Member State and to ensure, by means of ex ante and ex post supervisory activities, that those providers and European Digital Identity Wallets they provide meet the requirements laid down in this Regulation;
(b) to take action, if necessary, in relation to providers of European Digital Identity Wallets established in the territory of the designating Member State, by means of ex post supervisory activities, when informed that providers or European Digital Identity Wallets that they provide infringe this Regulation.
- The tasks of the supervisory bodies designated pursuant to paragraph 1 shall include, in particular, the following:
(a) to cooperate with other supervisory bodies and to provide them with assistance in accordance with Articles 46c and 46e;
(b) to request information necessary to monitor compliance with this Regulation;
(c) to inform the relevant competent authorities designated or established pursuant to Article 8(1) of Directive (EU) 2022/2555 of the Member States concerned of any significant security breaches or loss of integrity of which they become aware in the performance of their tasks and, in the case of a significant security breach or loss of integrity which concerns other Member States, to inform the single point of contact designated or established pursuant to Article 8(3) of Directive (EU) 2022/2555 of the Member State concerned and the single points of contact designated pursuant to Article 46c(1) of this Regulation in the other Member States concerned, and to inform the public or require providers of European Digital Identity Wallet to do so where the supervisory body determines that disclosure of the security breach or of the loss of integrity would be in the public interest;
(d) to carry out on-site inspections and off-site supervision;
(e) to require that providers of European Digital Identity Wallets remedy any failure to fulfil the requirements laid down in this Regulation;
(f) to suspend or cancel the registration and inclusion of relying parties in the mechanism referred to in Article 5b(7) in the case of illegal or fraudulent use of the European Digital Identity Wallet;
(g) to cooperate with competent supervisory authorities established pursuant to Article 51 of Regulation (EU) 2016/679, in particular, by informing them without undue delay, where personal data protection rules appear to have been infringed and about security breaches which appear to constitute personal data breaches.
- Where the supervisory body designated pursuant to paragraph 1 requires the provider of a European Digital Identity Wallet to remedy any failure to fulfil requirements under this Regulation pursuant to paragraph 4, point (e), and that provider does not act accordingly and, if applicable, within a time limit set by that supervisory body, the supervisory body designated pursuant to paragraph 1 may, taking into account, in particular, the extent, duration and consequences of that failure, order the provider to suspend or to cease the provision of the European Digital Identity Wallet. The supervisory body shall inform the supervisory bodies of other Member States, the Commission, relying parties and users of the European Digital Identity Wallet without undue delay of the decision to require the suspension or cessation of the provision of the European Digital Identity Wallet.
- By 31 March each year, each supervisory body designated pursuant to paragraph 1 shall submit to the Commission a report on its main activities in the previous calendar year. The Commission shall make those annual reports available to the European Parliament and the Council.
- By 21 May 2025, the Commission shall, by means of implementing acts, establish the formats and procedures for the report referred to in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 46b
Supervision of trust services
- Member States shall designate a supervisory body established in their territory or designate, upon mutual agreement with another Member State, a supervisory body established in that other Member State. That supervisory body shall be responsible for supervisory tasks in the designating Member State as regards trust services.
The supervisory bodies designated pursuant to the first subparagraph shall be given the necessary powers and adequate resources for the exercise of their tasks.
- Member States shall notify to the Commission the names and addresses of their supervisory bodies designated pursuant to paragraph 1 and any subsequent changes thereto. The Commission shall publish a list of the notified supervisory bodies.
- The role of the supervisory bodies designated pursuant to paragraph 1 shall be:
(a) to supervise qualified trust service providers established in the territory of the designating Member State and to ensure, by means of ex ante and ex post supervisory activities, that those qualified trust service providers and the qualified trust services that they provide meet the requirements laid down in this Regulation;
(b) to take action, if necessary, in relation to non-qualified trust service providers established in the territory of the designating Member State, by means of ex post supervisory activities, when informed that those non-qualified trust service providers or the trust services they provide allegedly do not meet the requirements laid down in this Regulation.
- The tasks of the supervisory body designated pursuant to paragraph 1 shall include in particular the following:
(a) to inform the relevant competent authorities designated or established pursuant to Article 8(1) of Directive (EU) 2022/2555 of the Member States concerned of any significant security breach or loss of integrity of which it becomes aware in the performance of its tasks and, in the case of a significant security breach or loss of integrity which concerns other Member States, to inform the single point of contact designated or established pursuant to Article 8(3) Directive (EU) 2022/2555 of the Member State concerned and the single points of contact designated pursuant to Article 46c(1) of this Regulation in the other Member States concerned, and to inform the public or require the trust service provider to do so where the supervisory body determines that disclosure of the breach of security or loss of integrity would be in the public interest;
(b) to cooperate with other supervisory bodies and to provide them with assistance in accordance with Articles 46c and 46e;
(c) to analyse the conformity assessment reports referred to in Article 20(1) and Article 21(1);
(d) to report to the Commission about its main activities in accordance with paragraph 6 of this Article;
(e) to carry out audits or request a conformity assessment body to perform a conformity assessment of the qualified trust service providers in accordance with Article 20(2);
(f) to cooperate with competent supervisory authorities established pursuant to Article 51 of Regulation (EU) 2016/679, in particular, by informing them, without undue delay, where personal data protection rules appear to have been breached and about security breaches which appear to constitute personal data breaches;
(g) to grant qualified status to trust service providers and to the services they provide, and to withdraw that status in accordance with Articles 20 and 21;
(h) to inform the body responsible for the national trusted list referred to in Article 22(3) of its decisions to grant or withdraw qualified status, unless that body is also the supervisory body designated pursuant to paragraph 1 of this Article;
(i) to verify the existence and correct application of provisions on termination plans where the qualified trust service provider ceases its activities, including how information is kept accessible in accordance with Article 24(2), point (h);
(j) to require that trust service providers remedy any failure to fulfil the requirements laid down in this Regulation;
(k) to investigate claims made by providers of web-browsers pursuant to Article 45a and to take action if necessary.
- Member States may require the supervisory body designated pursuant to paragraph 1 to establish, maintain and update a trust infrastructure in accordance with national law.
- By 31 March each year, each supervisory body designated pursuant to paragraph 1 shall submit to the Commission a report on its main activities in the previous calendar year. The Commission shall make those annual reports available to the European Parliament and the Council.
- By 21 May 2025, the Commission shall adopt guidelines on the exercise by the supervisory bodies designated pursuant to paragraph 1 of this Article of the tasks referred to in paragraph 4 of this Article, and, by means of implementing acts, establish the formats and procedures for the report referred to in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 46c
Single points of contact
- Each Member State shall designate a single point of contact for trust services, European Digital Identity Wallets and notified electronic identification schemes.
- Each single point of contact shall exercise a liaison function to facilitate cross-border cooperation between the supervisory bodies for trust service providers and between the supervisory bodies for the providers of European Digital Identity Wallets and, where appropriate, with the Commission and European Union Agency for Cybersecurity (ENISA) and with other competent authorities within its Member State.
- Each Member State shall make public and, without undue delay, notify to the Commission the names and the addresses of the single point of contact designated pursuant to paragraph 1 and any subsequent change thereto.
- The Commission shall publish a list of the single points of contact notified pursuant to paragraph 3.
Article 46d
Mutual assistance
- In order to facilitate the supervision and enforcement of obligations under this Regulation, the supervisory bodies designated pursuant to Article 46a(1) and Article 46b(1) may seek, including through the Cooperation Group established pursuant to Article 46e(1), mutual assistance from the supervisory bodies of another Member State where the provider of the European Digital Identity Wallet or the trust service provider is established, or where its network and information systems are located or its services are provided.
- The mutual assistance shall at least entail that:
(a) the supervisory body applying supervisory and enforcement measures in one Member State shall inform and consult the supervisory body from the other Member State concerned;
(b) a supervisory body may request the supervisory body of another Member State concerned to take supervisory or enforcement measures, including, for instance, requests to carry out inspections related to the conformity assessment reports as referred to in Articles 20 and 21 regarding the provision of trust services;
(c) where appropriate, supervisory bodies may carry out joint investigations with the supervisory bodies of other Member States.
The arrangements and procedures for joint actions under the first subparagraph shall be agreed upon and established by the Member States concerned in accordance with their national law.
- A supervisory body to which a request for assistance is addressed may refuse that request on any of the following grounds:
(a) the assistance requested is not proportionate to the supervisory activities of the supervisory body carried out in accordance with Articles 46a and 46b;
(b) the supervisory body is not competent to provide the requested assistance;
(c) providing the requested assistance would be incompatible with this Regulation.
- By 21 May 2025 and every two years thereafter, the Cooperation Group established pursuant to Article 46e(1) shall issue guidance on the organisational aspects and procedures for the mutual assistance referred to in paragraphs 1 and 2 of this Article.
Article 46e
The European Digital Identity Cooperation Group
- In order to support and facilitate Member States’ cross-border cooperation and exchange of information on trust services, European Digital Identity Wallets and notified electronic identification schemes, the Commission shall establish a European Digital Identity Cooperation Group (the Cooperation Group).
- The Cooperation Group shall be composed of representatives appointed by the Member States and of the Commission. The Cooperation Group shall be chaired by the Commission. The Commission shall provide the Cooperation Group’s Secretariat.
- Representatives of relevant stakeholders may, on an ad hoc basis, be invited to attend meetings of the Cooperation Group and to participate in its work as observers.
- ENISA shall be invited to participate as observer in the workings of the Cooperation Group when it exchanges views, best practices and information on relevant cybersecurity aspects such as notification of security breaches, and when the use of cybersecurity certificates or standards are addressed.
- The Cooperation Group shall have the following tasks:
(a) exchange advice and cooperate with the Commission on emerging policy initiatives in the field of digital identity wallets, electronic identification means and trust services;
(b) advise the Commission, as appropriate, in the early preparation of draft implementing and delegated acts to be adopted pursuant to this Regulation;
(c) in order to support the supervisory bodies in the implementation of the provisions of this Regulation:
(i) exchange best practices and information regarding the implementation of the provisions of this Regulation;
(ii) assess the relevant developments in the digital identity wallet, electronic identification and trust services sectors;
(iii) organise joint meetings with relevant interested parties from across the Union to discuss activities carried out by the cooperation group and gather input on emerging policy challenges;
(iv) with the support of ENISA, exchange views, best practices and information on relevant cybersecurity aspects concerning European Digital Identity Wallets, electronic identification schemes and trust services;
(v) exchange best practices in relation to the development and implementation of policies on the notification of security breaches, and common measures as referred to in Articles 5e and 10;
(vi) organise joint meetings with the NIS Cooperation Group established pursuant to Article 14(1) of Directive (EU) 2022/2555 to exchange relevant information in relation to trust services and electronic identification related cyber threats, incidents, vulnerabilities, awareness raising initiatives, trainings, exercises and skills, capacity building, standards and technical specifications capacity as well as standards and technical specifications;
(vii) discuss, upon a request of a supervisory body, specific requests for mutual assistance as referred to in Article 46d;
(viii) facilitate the exchange of information between the supervisory bodies by providing guidance on the organisational aspects and procedures for the mutual assistance referred to in Article 46d;
(d) organise peer reviews of electronic identification schemes to be notified under this Regulation.
- Member States shall ensure effective and efficient cooperation of their designated representatives in the Cooperation Group.
- By 21 May 2025, the Commission shall, by means of implementing acts, establish the necessary procedural arrangements to facilitate the cooperation between the Member States referred to in paragraph 5, point (d), of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).;
(48) Article 47 is amended as follows:
(a) paragraphs 2 and 3 are replaced by the following:
- The power to adopt delegated acts referred to in Article 5c(7), Article 24(4b) and Article 30(4) shall be conferred on the Commission for an indeterminate period of time from 17 September 2014.
- The delegation of power referred to in Article 5c(7), Article 24(4b) and Article 30(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.;
(b) paragraph 5 is replaced by the following:
- A delegated act adopted pursuant to Article 5c(7), Article 24(4b) or Article 30(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.;
(49) the following article is inserted in Chapter VI:
Article 48a
Reporting requirements
- Member States shall ensure the collection of statistics in relation to the functioning of European Digital Identity Wallets and the qualified trust services provided on their territory.
- The statistics collected in accordance with paragraph 1 shall include the following:
(a) the number of natural and legal persons having a valid European Digital Identity Wallet;
(b) the type and number of services accepting the use of the European Digital Identity Wallet;
(c) the number of user complaints and consumer protection or data protection incidents relating to relying parties and qualified trust services;
(d) a summary report including data on incidents preventing the use of the European Digital Identity Wallet;
(e) a summary of significant security incidents, data breaches and affected users of European Digital Identity Wallets or of qualified trust services.
- The statistics referred to in paragraph 2 shall be made available to the public in an open and commonly used, machine-readable format.
- By 31 March each year, Member States shall submit to the Commission a report on the statistics collected in accordance with paragraph 2.;
(50) Article 49 is replaced by the following:
Article 49
Review
- The Commission shall review the application of this Regulation and shall, by 21 May 2026, submit a report to the European Parliament and to the Council. In that report, the Commission shall, in particular, evaluate whether it is appropriate to modify the scope of this Regulation or its specific provisions including, in particular, the provisions included in Article 5c(5), taking into account the experience gained in the application of this Regulation, as well as technological, market and legal developments. Where necessary, that report shall be accompanied by a proposal to amend this Regulation.
- The report referred to in paragraph 1 shall include an assessment of the availability, security and usability of the notified electronic identification means and European Digital Identity Wallets that fall within the scope of this Regulation and assess whether all online private service providers relying on third-party electronic identification services for users authentication, shall be required to accept the use of notified electronic identification means and European Digital Identity Wallet.
- By 21 May 2030 and every four years thereafter, the Commission shall submit a report to the European Parliament and the Council on progress made towards achieving the objectives of this Regulation.;
(51) Article 51 is replaced by the following:
Article 51
Transitional measures
- Secure signature creation devices of which the conformity has been determined in accordance with Article 3(4) of Directive 1999/93/EC shall continue to be considered to be qualified electronic signature creation devices under this Regulation until 21 May 2027.
- Qualified certificates issued to natural persons under Directive 1999/93/EC shall continue to be considered as qualified certificates for electronic signatures under this Regulation until 21 May 2026.
- The management of remote qualified electronic signature and seal creation devices by qualified trust service providers other than qualified trust service providers providing qualified trust services for the management of remote qualified electronic signature and seal creation devices in accordance with Articles 29a and 39a may be carried out without the need to obtain the qualified status for the provision of these management services until 21 May 2026.
- Qualified trust service providers that have been granted their qualified status under this Regulation before 20 May 2024 shall submit a conformity assessment report to the supervisory body proving compliance with Article 24(1), (1a) and (1b) as soon as possible and in any event by 21 May 2026.;
(52) Annexes I to IV are amended, respectively, in accordance with Annexes I to IV to this Regulation;
(53) new Annexes V, VI and VII are added as set out in Annexes V, VI and VII to this Regulation.
Article 2
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 April 2024.
For the European Parliament
The President
R. Metsola
For the Council
The President
H. Lahbib
Annex
ANNEX I
In Annex I to Regulation (EU) No 910/2014, point (i) is replaced by the following:
(i) the information or the location of the services that can be used to enquire about the validity status of the qualified certificate;.
Annex
ANNEX II
In Annex II to Regulation (EU) No 910/2014, points 3 and 4 are deleted.
Annex
ANNEX III
In Annex III to Regulation (EU) No 910/2014, point (i) is replaced by the following:
(i) the information or the location of the services that can be used to enquire about the validity status of the qualified certificate;.
Annex
ANNEX IV
Annex IV to Regulation (EU) No 910/2014 is amended as follows:
(1) point (c) is replaced by the following:
(c) for natural persons: at least the name of the person to whom the certificate has been issued, or a pseudonym; if a pseudonym is used, it shall be clearly indicated;
(ca) for legal persons: a unique set of data unambiguously representing the legal person to whom the certificate is issued, with at least the name of the legal person to whom the certificate is issued and, where applicable, the registration number as stated in the official records;;
(2) point (j) is replaced by the following:
(j) the information or the location of the certificate validity status services that can be used to enquire about the validity status of the qualified certificate..
Annex
ANNEX V
Annex
ANNEX V
REQUIREMENTS FOR QUALIFIED ELECTRONIC ATTESTATION OF ATTRIBUTES
Qualified electronic attestation of attributes shall contain:
(a) an indication, at least in a form suitable for automated processing, that the attestation has been issued as a qualified electronic attestation of attributes;
(b) a set of data unambiguously representing the qualified trust service provider issuing the qualified electronic attestation of attributes including at least, the Member State in which that provider is established and:
(i) for a legal person: the name and, where applicable, registration number as stated in the official records;
(ii) for a natural person: the person’s name;
(c) a set of data unambiguously representing the entity to which the attested attributes refer; if a pseudonym is used, it shall be clearly indicated;
(d) the attested attribute or attributes, including, where applicable, the information necessary to identify the scope of those attributes;
(e) details of the beginning and end of the attestation’s period of validity;
(f) the attestation identity code, which must be unique for the qualified trust service provider and, if applicable, the indication of the scheme of attestations that the attestation of attributes is part of;
(g) the qualified electronic signature or qualified electronic seal of the issuing qualified trust service provider;
(h) the location where the certificate supporting the qualified electronic signature or qualified electronic seal referred to in point (g) is available free of charge;
(i) the information or location of the services that can be used to enquire about the validity status of the qualified attestation..
Annex
ANNEX VI
Annex
ANNEX VI
MINIMUM LIST OF ATTRIBUTES
Pursuant to Article 45e, Member States shall ensure that measures are taken to allow qualified trust service providers of electronic attestations of attributes to verify by electronic means at the request of the user, the authenticity of the following attributes against the relevant authentic source at national level or via designated intermediaries recognised at national level, in accordance with Union or national law and where these attributes rely on authentic sources within the public sector:
- Address;
- Age;
- Gender;
- Civil status;
- Family composition;
- Nationality or citizenship;
- Educational qualifications, titles and licences;
- Professional qualifications, titles and licences;
- Powers and mandates to represent natural or legal persons;
- Public permits and licences;
- For legal persons, financial and company data..
Annex
ANNEX VII
Annex
ANNEX VII
REQUIREMENTS FOR ELECTRONIC ATTESTATION OF ATTRIBUTES ISSUED BY OR ON BEHALF OF A PUBLIC BODY RESPONSIBLE FOR AN AUTHENTIC SOURCE
An electronic attestation of attributes issued by or on behalf of a public body responsible for an authentic source shall contain:
(a) an indication, at least in a form suitable for automated processing, that the attestation has been issued as an electronic attestation of attributes issued by or on behalf of a public body responsible for an authentic source;
(b) a set of data unambiguously representing the public body issuing the electronic attestation of attributes, including at least, the Member State in which that public body is established and its name and, where applicable, its registration number as stated in the official records;
(c) a set of data unambiguously representing the entity to which the attested attributes refer; if a pseudonym is used, it shall be clearly indicated;
(d) the attested attribute or attributes, including, where applicable, the information necessary to identify the scope of those attributes;
(e) details of the beginning and end of the attestation’s period of validity;
(f) the attestation identity code, which must be unique for the issuing public body and, if applicable, an indication of the scheme of attestations that the attestation of attributes is part of;
(g) the qualified electronic signature or qualified electronic seal of the issuing body;
(h) the location where the certificate supporting the qualified electronic signature or qualified electronic seal referred to in point (g) is available free of charge;
(i) the information or location of the services that can be used to enquire about the validity status of the attestation..
Metadata
- Type
- Forordning
- År
- 2024
- Ikrafttrædelsesdato
- 1. januar 1970