Changes from report parliamentary committee draft to plenary report

Added(a) paragraph 1 is replaced by the following:

RemovedRegulation (EU) No 910/2014

Added‘1. This Regulation applies to electronic identification schemes that have been notified by a Member State, European Digital Identity Wallets issued and managed by Member States and to trust service providers that are established in the Union.’;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – pointa) – point 4: (4) for users to allow interaction with the European Digital Identity Wallet;

Added(b) paragraph 3 is replaced by the following:

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

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – point a – point 4 a (new): (4a) for issuers of electronic attestation of attributes to issue them;

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

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Added(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.’;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – point b: deleted

Added(3) Article 3 is amended as follows:

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

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – point d: (d) provide a mechanism to ensure that the relying party is able to anonymously authenticate the user and to receive electronic attestations of attributes that can be validated in the form of selective disclosures and minimise the processing of personal data;

Added‘(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;

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Added(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;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – point e a (new): (ea) provide a recovery mechanism for the user to safeguard the content of the European Digital Identity Wallet, including person identification data, attributes, electronic attestations of attributes and credentials, in the case of unavailability, loss or stealing of the corresponding device, such safeguard mechanism preserving authenticity, confidentiality, integrity and privacy;

Added(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;

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Added(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;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a –paragraph 4 – point e b (new): (eb) provide a mechanism for the synchronization of European Digital Identity Wallets belonging to the same user, upon his or her request;

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

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Added(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;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – point e c (new): (ec) have the functionality to record all transactions and to provide a mechanism for the user to receive, upon request, the data that has been recorded, such data to be provided to the user in a structured, human-readable and machine-readable format;

Added(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;

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Added(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;";

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – point e d (new): (ed) be interoperable by design in the framework of this Regulation;

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

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Added‘(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;’;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 4 – point e e (new): (ee) display an “EU Digital Identity Wallet Trust Mark” for the recognition of qualified electronic attestation of attributes;

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

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

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 5 – introductory part: 5. Member States shall provide interoperable validation mechanisms for the European Digital Identity Wallets:

Added(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;

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

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 5 – point c a (new): (ca) to allow users to easily authenticate relying parties.

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

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Added(d) the electronic archiving of electronic documents;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 5 a (new): 5a. The Commission shall keep a public register of all issuers of European Digital Identity Wallets, including their main specifications, to ensure transparency and to facilitate their comparison. Member States shall make this information publicly available to its citizens and businesses.

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

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Added▌’;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 5 b (new): 5b. Member States shall raise awareness on the benefits of the European Digital Identity Wallet through communication campaigns and ensure their citizens are well trained in its use in order to facilitate wide up-take and trust in the new framework.

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

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Added‘(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;’;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 5 c (new): 5 c. Access to government services, the labour market and freedom to conduct business shall not be restricted or hindered for natural and legal persons not using the European Digital Identity Wallet. Natural and legal persons using the European Digital Identity Wallet shall not be granted privileged access to public and private services.

Added(f) the following points ▌are inserted:

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Added‘(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;

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 6: 6. The European Digital Identity Wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’ and shall ensure cybersecurity by design. In particular, European Digital Identity Wallets shall provide the necessary security functionalities at the state of the art and offer resistance to skilled attackers, ensure the confidentiality, integrity and availability of the content of the European Digital Identity Wallet, including person identification data, attributes, electronic attestations of attributes and credentials and request the secure, explicit and active user confirmation of its operation.