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Electronic identification

In the area of electronic identification, the interoperability of identification systems aimed at by the eIDAS Regulation is intended to considerably simplify identification for cross-border processing of administrative services at European level. In the private sector, too, eID systems can be used across borders under the rules of the eIDAS Regulation.

Electronic identification systems have already been introduced in many Member States, such as the online ID function of the identity card in Germany. The systems in the various Member States differ considerably in terms of the underlying technology and security

Therefore, the eIDAS Regulation does not provide for harmonisation of eID systems in the area of eID on the basis of a new common uniform European eID, but aims to establish interoperability between national systems. Thus, member states can notify their national systems for the identification of natural or legal persons to the Commission on a voluntary basis. While the notification is voluntary, the recognition of notified eIDs in administrative procedures is mandatory as of 29.09.2018.

The eIDAS Regulation regulates the legal framework required for mutual recognition. In particular, it provides that the choice of means of identification is based on the level of trust required for the administrative service. Particularly secure means of identification are to be used in administrative services with a high level of trust, and lower requirements are placed on the means of identification for administrative services with a lower level of trust.

With eIDAS, the choice of the means of identification depends on the required level of trust (level of assurance) of the respective service. A distinction is made between the trust levels "low", "substantial" and "high". An electronic identification means is only recognised as "substantial" or "high" if the Member State has notified it at the corresponding trust level within the framework of a notification procedure defined in the eIDAS Regulation.

An implementing act was adopted to define the trust levels, which defines criteria for means of identification at the different levels.

Interoperability is realised via a so-called Interoperability Framework which technically "translates" between the different national systems.

Implications for DE

From a German perspective, the future notification of eIDs has the following implications:

  • In the future, German citizens should be able to use the eID function of the identity card and the electronic residence permit for third countries, to identify themselves easily and securely electronically vis-à-vis authorities and commercial services (but without any recognition obligation) of other EU states. To this end, other Member States must create the necessary technical conditions so that German means of identification can be used in the eGovernment offering of the respective Member State to identify German citizens and businesses. Further information on notification
  • In addition, German authorities at all levels of government must create the conditions necessary for citizens and businesses of other EU states to be able to easily and securely identify themselves to German administrative services using the electronic means of identification notified by their respective home states. Further information can be found on the identity card portal:

References:

Regulation (EU) Nr. 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (eIDAS Regulation).

Implementing Decision (EU) 2015/296 of 24.02.2015 laying down procedural modalities for cooperation between Member States in the field of electronic identification in accordance with Article 12(7) of the eIDAS Regulation.

Implementing Regulation (EU) 2015/1501 of 08.09.2015 on the Interoperability Framework referred to in Article 12(8) of the eIDAS Regulation.

Implementing Regulation (EU) 2015/1502 vof 08.09.2015 laying down minimum requirements on technical specifications and procedures for security levels of electronic identification means in accordance with Article 8(3) of the eIDAS Regulation.

Implementing Decision (EU) 2015/1984 of 03.11.2015 laying down the circumstances, formats and procedures for notification pursuant to Article 9(5) of the eIDAS Regulation.