Revision of the eIDAS Regulation: Findings on its implementation and application

Briefing 07-03-2022

The European Commission’s proposal (June 2021) for a European Digital Identity Framework would provide a trusted and secure way to authenticate and share qualified data attributes online through a ‘digital wallet’ ensured by Member States and allowing transactions across the EU. If put into effect, it would aim to achieve the target set in Europe’s ‘Path to the Digital Decade’, which envisages 80 % of EU citizens using digital ID by 2030. It would also execute the European Council’s vision and explicit request for EU-wide secure public electronic identification (eID), which would include interoperable digital signatures and give EU citizens control over their online identity and related data. The Commission proposal amends and updates the existing eIDAS Regulation by responding to the challenges raised by its structural shortcomings and limited implementation and to technological developments since its adoption in 2014. The findings of the ex-post evaluation of the eIDAS Regulation shed light on the various limitations preventing the current act from reaching its full potential, while the ex-ante impact assessment of the amending proposal examines the different options, their estimated impact, and the reasoning behind the preferred option. Together, they establish the context for the eIDAS revision, the pitfalls that need to be overcome, and targets. EU institutions have largely welcomed the Commission proposal in terms of its objectives and concept. However, concerns remain, notably when it comes to finding the right scope for the act, defining the roles and liabilities of various public and private sector actors, ensuring high data protection, and building an inclusive system that leaves no one behind.