EU Regulation eIDAS 2.0 amending the existing eIDAS Regulation ((EU) No 910/2014)
Status: In Force
- In force since 20 May 2024, see final text published in EU Official Journal
- Implementing acts setting out the technical specifications for the EU Digital Identity Wallet published on 4 December 2024 in the Official Journal of the EU, entry into force on 24 December 2024.
- Member States to provide EU Digital identity Wallets to their citizens 24 months after adoption of the remaining implementing act setting out the technical specifications for certification. We shall expect EU citizens to use the EU Digital Identity Wallets by H1 2027.
Summary
EU Regulation eIDAS 2.0 amending the existing eIDAS Regulation to promote trusted digital identities to all Europeans by introducing
- a Digital ID-Wallet which can be used to centrally store and manage digital documents such das ID cards
- rules to enable the evidential admissibility of electronic ledgers such as blockchains
Scope
Applies to natural and legal persons who seek to authenticate individuals accessing public and private services both offline and online, and to those using electronic ledgers like blockchains.
Key elements
- Requirement for Member States to issue a European digital ID-wallet within 12 months after entry into force of eIDAS 2.0
- Digital ID-wallet will enable users to centrally store and manage digital documents such das ID cards
- Expansion of the list of eIDAS trust services including 'electronic archiving services', 'electronic ledgers' such as blockchains and the management of remote electronic signature and seal creation devices
- New rules on legal effectiveness and admissibility of 'electronic ledgers' and introduction of the concept of qualified trust service providers
Challenges
- Unclear language that leaves room for interpretation
- Mandatory acceptance approach framework which involves public and private sector solutions limiting data collection to a minimum
- Alignment and consistency with the broader regulatory landscape, especially with DMA, PSD2 review, NIS and cybersecurity legislation
- Safeguarding security, privacy and interoperability of web browsers
- Interplay of existing international standards with potential new standards to be developed
Key Freshfields contacts:
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Dr. Theresa Ehlen Partner
Düsseldorf, Frankfurt am Main
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Julia Utzerath Senior Knowledge Lawyer
Düsseldorf
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Dr. Davide Borelli Counsel
Milan
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Dr. Christoph Werkmeister Partner
Düsseldorf