Proposal for a Regulation on Electronic identification and trust services for electronic transactions in the internal market

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1 Proposal for a Regulation on Electronic identification and trust services for electronic transactions in the internal market [COM(2012) 238 final] {SWD(2012) 135 final} {SWD(2012) 136 final} Andrea SERVIDA Head of the Task Force "Legislation Team" (eidas) European Commission - DG ConNECT 1

2 Policy context No comprehensive EU cross-border and cross-sector framework for eias services Legal framework only for e-signatures No European legal framework for mutual recognition and acceptance of e-identification and authentication

3 "Digital identity" vs electronic identification and trust services (eidas) Personal data = digital currency Digital identity "economic" drive USER ENABLEMENT vs eidas "trust-building" drive Trusted assertions/ credentials USER EMPOWERMENT Personal data = private asset 3

4 Rolling out eidas: the EU approach 2 tiers approach Technical interoperability Legal certainty WHY? 4

5 Large Scale Pilots (LSPs) Interoperable e- procurement 19 partners 11 countries Total Budget 30.8M Electronic Identity 32 partners 14 countries Total Budget 26M Patient Summary/ePrescr ibing 47 partners 23 countries Total Budget 23M Business mobility 33 partners 16 countries Total Budget 24M ejustice 17 partners 15 countries Total Budget 14M 5

6 What is the proposal's ambition? Strengthen EU Single Market by boosting TRUST and CONVENIENCE in secure and seamless cross-border electronic transactions

7 What is the scope of the proposed Regulation? 1. Mutual recognition of electronic identification 2. Electronic trust services: Electronic signatures interoperability and usability Electronic seals interoperability and usability Cross-border dimension of: 1.Time stamping, 2.Electronic delivery service, 3.Electronic documents admissibility, 4.Website authentication. 7

8 Who will benefit from the proposal? 13 million EU citizens work in another EU country 21 millions of SMEs of which more than 40% have cross-border activities Governments will reduce their costs and increase efficiency

9 European Council The European Council today gives specific emphasis to the following issues: [ ] the Single Market continues to be a key driver for growth and jobs. [ ] The rapid conclusion of the work on all Single Market Act I proposals is an essential priority, particularly as regards key files such as [ ] eidentification/esignature, with the aim of boosting competitiveness, deepening the Single Market and removing unjustified barriers. [ ] The European Council will continue to keep all these issues under regular review;

10 etransactions workflow a concrete example: Submitting a tax declaration (1) 1. Website authentication => users (persons or companies) need to check if the website they enter is really linked to the tax authority. 2. Electronic identification => users need to identify (or authenticate) themselves using, for instance, an eid means. 3. E-signature/e-seal => users may need to confirm the content and authenticity of the tax declaration, via an electronic signature (natural person)/ electronic seal (legal person).

11 etransactions workflow a concrete example: Submitting a tax declaration (2) 4. E-delivery and time stamping => The proof of timely submission of the tax declaration may be ensured via a time stamping. The tax authority may send a formal acknowledgment of receipt of the submission through a secure channel (electronic delivery system) which will also time stamp to confirm the time of receipt 5. Preservation => The tax declaration and the acknowledgment of receipt require to be stored and preserved to be presented to third parties in the future with the certainty that they will be legally valid.

12 How does it work for mutual recognition of eid? A EU Member State: 1. May notify the national electronic identification scheme(s) used at home for access to its public services 2. Must recognise notified eids of other Member States for cross-border access to its online services when its national laws mandate e-identification 3. Must provide a free online authentication facility for its 'notified' eid(s) 4. Is liable for unambiguous identification of persons and for authentication; 5. May allow the private sector to use notified eid 12

13 What is foreseen for electronic trust services? Common Principles: Technological neutrality Mutual recognition of «qualified» electronic trust services (including non EU countries) Strengthens and harmonises national supervision of qualified trust service providers and trust services Reinforces data protection + obligation for data minimisation Uses secondary legislation to ensure flexibility visà-vis technological developments and best practice 13

14 What is foreseen for electronic trust services? esignature Builds on existing esignature infrastructure and clarifies concepts related to esig. (natural persons) Introduces eseals (legal persons) Allows for full reference to standards Clarifies validation of qualified esignatures Ensures long term preservation Allows «server / remote» and «mobile» signing 14

15 What is not covered? The proposal does not: Require Member States to have an eid scheme Address «soft ID» NB. «Notified» eids are not necessarily ID cards Envisage any kind of "EU database" Create an "EU eid" Require prior authorisation to start a qualified service or foresee an accreditation of qualified service Address persons roles or attributes Address the format of e-documents Address the establishment of proof 15

16 Why will it make a difference? (1/2) Creates confidence in electronic trust services: Effective state supervision Systematic usage of "trusted lists (i.e. directories of qualified services and providers) De facto «trustmark» for EU qualified services Easy esignature: Harmonisation power of Regulation Full esig specification via secondary legislation + standards Related trust services: Address clear market needs: eseals, edelivery, edocuments, Harmonise national legislation: time stamping, edelivery edocument admissibility: «big bang» for de-materialisation Website authentication is an implicit expectation of the citizens 16

17 Why will it make a difference? (2/2) Comprehensive toolbox of trust building instruments One single legislation across EU Foster eid usage ( world premiere ): Leverage eid cards and mobile ID infrastructure Reliable eid for cross border ebusiness and egov services Private sector is invited to build on «notified» eids Leverage Large Scale Pilot project STORK 17

18 eidas State of Play - Council Council Working Groups Cypriot Presidency (2H2012): Progress report to the Telecom Council of 20 December 2012 Irish Presidency (1H2013): Intends to produce a progress report for the Telecom Council of 6-7 June 2013

19 eidas State of Play European Parliament ITRE Rapporteur -> Marita Ulvskog (S&D, SE) IMCO Rapporteur-> Marielle Gallo (EPP, FR) Rule 50 "Procedure with associated committee" Foreseen adoptions of amendments on: (IMCO - Internal Market and Consumer Protection Committee) 18/ (ITRE - Industry, Research and Energy Committee)

20 For further information and feedback

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