Changes from plenary report to adopted text

Removed‘3. This Regulation does not affect Union or national ▌law related to ▌:

Removed(a) the conclusion and validity of contracts, or other legal or procedural obligations relating to form; or

Removed(b) sector-specific requirements for qualified electronic attestation of attributes as regards form with underlying legal effects, in particular in the context of the cross-border recognition of qualified electronic attestation of attributes.’;

Removed(3) Article 3 is amended as follows:

Removed(a) points (2) to (6) are replaced by the following:

Removed‘(2) ‘electronic identification means’ means a material and/or immaterial unit, including European Digital Identity Wallets or ID cards following Regulation 2019/1157, containing person identification data and which is used for authentication for an online or offline service;

Removed(3) ‘person identification data’ means a set of data, issued in accordance with national law, enabling the identity of a natural or legal person, or a natural person representing a legal person to be established;

Removed(4) ‘electronic identification scheme’ means a system for electronic identification under which electronic identification means, are issued to natural or legal persons or natural persons representing legal or natural persons;

Removed(4a) ‘user’ means a natural or legal person, or a natural person representing a legal person using trust services, notified electronic identification means or European Digital Identity Wallets;

Removed(5) ‘authentication’ means an electronic process that enables the verification of the origin and integrity of data in electronic form ▌ ;

Removed(5a) ‘identification’ means an electronic process that establish an unequivocal relationship between a set of data and a natural or legal person;(5b) ‘validation’ means the process of verifying that an electronic signature, an electronic seal, a European Digital Identity Wallet, an electronic identification mean, a relying party authorisation, person identification data, an electronic attestation of attributes or any electronic certificates for trust services is valid and has not been revoked;

Removed(5c) ‘zero knowledge proof’ means cryptographic methods by which a relying party can validate that a given statement based on the electronic attestation of attributes held in a user’s European Digital Identity Wallet is true, without conveying any data related to those electronic attestation of attributes to the relying party;

Removed(6) ‘relying party’ means a natural or legal person that relies upon an electronic identification means, including European Digital Identity Wallets, or a trust service, directly or through an intermediary, in order to provide services;";

Removed(c) point (14) is replaced by the following:

Removed‘(14) ‘certificate for electronic signature’ means an electronic attestation ▌ which links electronic signature validation data to a natural person and confirms at least the name or the pseudonym of that person;’;

Removed(d) point (16) is replaced by the following:

Removed‘(16) ‘trust service’ means an electronic service normally provided against payment which consists of:

Removed(a) the creation, verification, and validation of electronic signatures, electronic seals or electronic time stamps, electronic registered delivery services, electronic attestation of attributes and certificates related to those services;

Removed(b) the creation, verification and validation of certificates for website authentication;

Removed(c) the preservation of electronic signatures, seals or certificates related to those services;

Removed(d) the electronic archiving of electronic documents;

Removed(e) the management of remote electronic signature and seal creation devices;

Removed▌’;

Removed(e) point (21) is replaced by the following:

Removed‘(21) ‘product’ means hardware or software, or relevant components of hardware and / or software, which are intended to be used for the provision of electronic identification and trust services;’;

Removed(f) the following points ▌are inserted:

Removed‘(23a) ‘remote qualified signature creation device’ means a qualified electronic signature creation device where a qualified trust service provider generates, manages or duplicates the electronic signature creation data on behalf of a signatory;

Removed(23b) ‘remote qualified seal creation device’ means a qualified electronic seal creation device where a qualified trust service provider generates, manages or duplicates the electronic signature creation data on behalf of a seal creator;’;

Removed(g) point (29) is replaced by the following:

Removed‘(29) ‘certificate for electronic seal’ means an electronic attestation or set of attestations that links electronic seal validation data to a legal person and confirms the name of that person;’;

Removed(ga) points (38) and (39) are replaced by the following:

Removed‘(38) ‘certificate for website authentication’ means an electronic attestation that makes it possible to authenticate a website and links the website to the natural or legal person to whom the certificate is issued;

Removed(39) ‘qualified certificate for website authentication’ means a certificate for website authentication that links the website to the natural or legal person to whom the certificate is issued with a high level of assurance, which is issued by a qualified trust service provider and meets the requirements laid down in Annex IV;"

Removed▌’

Removed(i) the following points ▌ are added:

Removed‘(42) ‘European Digital Identity Wallet’ means an electronic identification means which securely stores, manages and validates identity data and electronic attestations of attributes, to provide them to relying parties and other users of European Digital Identity Wallets on request, and which enables the creation of qualified electronic signatures and seals;

Removed(43) ‘attribute’ is a feature, characteristic or quality of a natural or legal person or of an entity ▌ ;

Removed(44) ‘electronic attestation of attributes’ means an attestation in electronic form that allows the presentation and authentication of attributes;

Removed(45) ‘qualified electronic attestation of attributes’ means an electronic attestation of attributes, which is issued by a qualified trust service provider and meets the requirements laid down in Annex V;

Removed(46) ‘authentic source’ is a repository or system, held under the responsibility of a public sector body or private entity, that contains attributes about a natural or legal person and is considered to be the primary source of that information or recognised as authentic in Union or national law;

Removed(47) ‘electronic archiving’ means a service ensuring preservation of electronic data or documents in order to guarantee their integrity, the accuracy of their origin and legal features throughout the conservation period;

Removed(48) ‘qualified electronic archiving service’ means a service that meets the requirements laid down in Article 45g;

Removed(49) ‘EU Digital Identity Wallet Trust Mark’ means an indication in a simple, recognisable and clear manner that a Digital Identity Wallet has been issued in accordance with this Regulation;

Removed(50) ‘strong user authentication’ means an authentication based on the use of at least two authentication factors categorised as user knowledge , possession and inherence that are independent, in such a way that the breach of one does not compromise the reliability of the others, and is designed in such a way to protect the confidentiality of the authentication data;

Removed(51) ‘user account’ means a mechanism that allows a user to access public or private services on the terms and conditions established by the service provider;

Removed▌

Removed(54) ‘personal data’ means any information as defined in point 1 of Article 4 of Regulation (EU) 2016/679;

Removed(55) ‘identity matching’ means a process where person identification data or person identification means are matched with or linked to an existing account belonging to the same person;

Removed(55a) 'offline service’ means the capability of a user to electronically identify and authenticate with a third party with close proximity technologies irrespective of whether the device is connected to the internet or not in order to access a wide range of public and private services.";

Removed(4) Article 5 is replaced by the following:

Removed‘Article 5

RemovedProtection of personal data, and use of pseudonyms in electronic transaction

Removed1. The processing of personal data shall be carried out in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 and, where relevant, Directive 2002/58/EC, by implementing the principles of data minimisation, purpose limitation, and data protection by design and by default, in particular with respect to the technical measures for the implementation of this Regulation and the interoperability framework in accordance with Article 12 thereof.

Removed2. Without prejudice to the legal effect given to pseudonyms under national law and unless specific rules of the Union or national law require users to identify themselves for legal purposes, the use of pseudonyms in electronic transactions, freely chosen by the user, shall always be allowed and shall not be prohibited or restricted by means of a contract or the terms and conditions applicable to the use of the service.

Removed3. Unless specific rules of the Union or national law require users to identify themselves for legal purposes, relying parties shall make reasonable efforts to enable the use of their services without electronic identification or authentication.’;

Removed(5) in Chapter II the heading is replaced by the following:

Removed‘SECTION I

RemovedELECTRONIC IDENTIFICATION;’

Removed(6) Article 6 is deleted;

Removed(7) the following Articles ▌are inserted: