Sittings · Document

OPINION (COM(2021)0281 – C90200/2021 – 2021/0136(COD)) 2022-09-14

On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity

Committee on the Internal Market and Consumer Protection · Rapporteur: Andrus Ansip

SHORT JUSTIFICATION

In June 2021, as part of the “Europe Fit for the Digital Age” package, the European Commission proposed a Regulation amending Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation). This new proposal for an amending Regulation on a framework for a European Digital Identity is an important step towards European integration and a very significant contribution to the prosperity and development of the EU Digital Single Market. Enabling our citizens to prove their identity so they can access online public administrations, private services or simply to attest a personal identity attribute, such as medical certificates, professional qualifications or driving licences, means that we are bridging the digital gap between Member States and finally getting rid of the digital identity “border”. Nevertheless, this draft opinion aims at improving the content of this proposal in light of the digital transition.

The COVID-19 pandemic has had a unique catalysing effect on the digital transition. As a consequence, the demand for means to identify and authenticate online, as well as to digitally exchange information related to our identity with high security and privacy standards, has increased across Europe. At present, eIDAS is the EU’s only cross-border framework for trusted electronic identification (eID) of natural and legal persons, and trust services. The new European Digital Identity Wallets, a key aspect of the proposal, will enable all European citizens, consumers and businesses, to securely access services online without having to use identification means currently offered by big platforms for example or unnecessarily share personal data. With this solution, users will have full control of the data they share, ensuring a high level of consumer protection The proposed Regulation also aspires to provide effective access to trusted and secure digital identity solutions with cross-border operability in order to address the demands of citizens and the market more broadly. Public and private services alike will be able to safely rely on digital identity solutions, again crucially across borders within the Union.

As rapporteur for the IMCO Committee, I regard the implementation of a cross-border legal framework for trusted digital identities to be an essential tool to strengthen the European Single Market and consumer protection, in an increasingly digital worldwide economy. The current situation with weak or non-existent digital verification represents a considerable burden both in terms of cost and bureaucracy - on average, businesses in Europe spend six to seven weeks verifying the identity of potential business partners or clients before starting to conduct business. This is compounded by the differing operational and regulatory requirements across Member States.

This revision presents an opportunity to bring about a situation in which European citizens and consumers, already often working cross-border on a daily basis, can use medical prescriptions in neighbouring countries to buy medicines or easily rent a car; move around for work and easily register in a new country without unnecessary administrative burden; and, particularly in the case of our elderly citizens, feel at ease knowing they can prove their identity in any European hospital. As rapporteur, I firmly believe that these goals can be facilitated with a cross-border eID, which would effectively take on the role of a passport for the digital world. This is the time to keep our ambitions high, and to ensure the swift and effective implementation of a user-friendly service that will empower our citizens by giving them full control of the data they share, when accessing both public and private online services in the EU.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Commission Communication of 19 February 2020, entitled “Shaping Europe’s Digital Future”16 announces a revision of Regulation (EU) No 910/2014 of the European Parliament and of the Council with the aim of improving its effectiveness, extend its benefits to the private sector and promote trusted digital identities for all Europeans.	(1) The Commission Communication of 19 February 2020, entitled “Shaping Europe’s Digital Future”16 announces a revision of Regulation (EU) No 910/2014 of the European Parliament and of the Council with the aim of improving its effectiveness and in response to technological developments since its adoption in 2014 while at the same time extending its benefits to the private sector and promoting trusted digital identities.
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16 COM/2020/0067	16 COM/2020/0067

Amendment 2

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) A more harmonised approach to digital identification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the Single Market by allowing citizens, other residents as defined by national law and businesses to identify online in a convenient and uniform way across the Union. Everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes, such as a university degree legally recognised and accepted everywhere in the Union. The framework for a European Digital Identity aims to achieve a shift from the reliance on national digital identity solutions only, to the provision of electronic attestations of attributes valid at European level. Providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given format.	(4) A more harmonised approach to digital identification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the Single Market by allowing citizens, other residents as defined by national law and businesses to identify online in a convenient, trustworthy and uniform way across the Union. Everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes, such as an academic qualification legally recognised and accepted everywhere in the Union, a professional qualification, a title, a license or a mandate to represent a company. The framework for a European Digital Identity aims to achieve a shift from the reliance on national digital identity solutions only, to the provision of electronic attestations of attributes valid and legally recognised across the Union. Providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given and highly secured format. For the electronic identification for public services with very high security requirements, Member States should be able to rely on additional identity controls, set out in accordance with the principle of proportionality.

Amendment 3

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and residents.	(7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by a competent authority designated by a Member State, under a mandate from a Member State or recognised by a Member State, which should empower all Union citizens and other residents as defined by national law to retain full control over their choice to use the Wallet, to store data and to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, data protection, user convenience, wide usability and seamless interoperability. Member States should ensure equal access to digital identification to all their nationals and residents, including persons with disabilities, persons with special needs or persons who experience functional limitations, such as elderly persons, as well as persons with limited access to digital technologies or insufficient digital literacy. European Digital Identity Wallets should be available free of charge to natural persons and through commonly used devices or technologies. For legal persons, the European Digital Identity Wallets should be free of charge or available at a nominal fee.

Amendment 4

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission	Amendment
	(7a) It is essential to ensure that individuals who do not use the European Digital Identity Wallet are not being disadvantaged with regard to the access to public or private services, in particular essential services or services allowing them to exercise a professional activity. The use of European Digital Identity Wallets should not be compulsory for accessing public or private services. In particular, Member States should not, directly or indirectly, limit access to public services for natural or legal persons who do not use the European Digital Identity Wallet and should ensure non-discriminatory alternative solutions. It should still be possible to use other electronic identification means beside the European Digital Wallet, such as digital key generator applications, ID card readers or smart cards.

Amendment 5

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) All European Digital Identity Wallets should allow users to electronically identify and authenticate online and offline across borders for accessing a wide range of public and private services. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements, to comply with the security requirements under this Regulation. The European Digital Identity Wallets should also allow users to create and use qualified electronic signatures and seals which are accepted across the EU. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e-mandates, Member States should issue European Digital Identity Wallets relying on common standards to ensure seamless interoperability and a high level of security. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679.	(9) All European Digital Identity Wallets should allow users, in a manner that is transparent and traceable, to securely request and obtain, store, select, combine and share the necessary legal person identification data, credentials and electronic attestation of attributes, while ensuring that selective disclosure is possible, to electronically identify and authenticate online and offline across borders in the Union for accessing a wide range of public and private services. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. The European Digital Identity Wallet should also allow the user to consult the history of the transactions, transfer the wallet’s data, restore the access on a different device and block access to the wallet in case of a security breach that leads to its suspension, revocation or withdrawal, and offer the possibility to contact support services of the wallet’s issuer. European Digital Identity Wallets should include a functionality to generate revocable pseudonyms, as a form of authentication to access online services provided by very large online platforms as defined in Regulation [reference to DSA]. It should also allow the verification of attributes without revealing the source data, and without fully identifying the European Digital Identity Wallet holder, for example when proof of age is needed to access certain services. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements as well as software-based technologies with high security and privacy standards, to comply with the security requirements under this Regulation. The European Digital Identity Wallets should also allow users to create and use qualified electronic signatures and seals which are accepted across the EU. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e-mandates, Member States should issue European Digital Identity Wallets relying on common standards to ensure seamless interoperability, a high level of security and determine its characteristics, including with relation to the decentralised elements of the Wallet. When the Commission establishes such standards, it should also take into consideration relevant international standards, where possible, and consult relevant stakeholders, including social partners. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679.

Amendment 6

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission	Amendment
	(9a) Issuers of European Digital Identity Wallets should establish a single contact point allowing users to report an infringement of the requirements of this Regulation or a security breach, to request correction of inaccurate data in the Wallet or revocation thereof. Member States should ensure that users have the right to seek compensation for damages suffered due to an infringement of the requirements set out in this Regulation related to the European Digital Identity Wallet. They should also ensure that their competent authorities have sufficient human and financial resources to carry out in an effective and efficient manner the tasks assigned to them in respect of the functioning of the European Digital Identity Wallet.

Amendment 7

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) Streamlining of the current notification and peer-review procedures will prevent heterogeneous approaches to the assessment of various notified electronic identification schemes and facilitate trust-building between Member States. New, simplified, mechanisms should foster Member States’ cooperation on the security and interoperability of their notified electronic identification schemes.	(15) Streamlining of the current notification and peer-review procedures, and regular assessments by the Commission, will prevent heterogeneous approaches to the assessment of various notified electronic identification schemes and facilitate trust-building between Member States. New, simplified, mechanisms should foster Member States’ cooperation on the security and interoperability of their notified electronic identification schemes.

Amendment 8

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) Service providers use the identity data provided by the set of person identification data available from electronic identification schemes pursuant to Regulation (EU) No 910/2014 in order to match users from another Member State with the legal identity of that user. However, despite the use of the eIDAS data set, in many cases ensuring an accurate match requires additional information about the user and specific unique identification procedures at national level. To further support the usability of electronic identification means, this Regulation should require Member States to take specific measures to ensure a correct identity match in the process of electronic identification. For the same purpose, this Regulation should also extend the mandatory minimum data set and require the use of a unique and persistent electronic identifier in conformity with Union law in those cases where it is necessary to legally identify the user upon his/her request in a unique and persistent way.	(17) Service providers use the identity data provided by the set of person identification data available from electronic identification schemes pursuant to Regulation (EU) No 910/2014 in order to match users from another Member State with the legal identity of that user. However, despite the use of the eIDAS data set, in many cases ensuring an accurate match requires additional information about the user and specific unique identification procedures at national level. To further support the usability of electronic identification means, this Regulation should require Member States to take specific measures to ensure a correct identity match in the process of electronic identification. For the same purpose, and where relevant by sector, this Regulation should also extend the mandatory minimum data set and require the use of a unique and persistent electronic identifier in conformity with Union law in those cases where it is necessary to legally identify the user upon his/her request in a unique and persistent way.

Amendment 9

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) In line with Directive (EU) 2019/88222 , persons with disabilities should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users.	(18) In line with Directive (EU) 2019/88222, Directive (EU) 2016/210222a and the United Nations Convention on the Rights of Persons with Disabilities22b, the use of the European digital identity wallets, trust services and end-user products used in the provision of those services should be made available in plain and intelligible language and accessible for persons with disabilities and for persons with functional limitations such as elderly people, so that they are able to use these on an equal basis with other users ensuring that the quality of user experience is on a par with that of other users.
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22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).	22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
	22a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1–15).
	22b Approved by Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

Amendment 10

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(20) The provision and use of trust services are becoming increasingly important for international trade and cooperation. International partners of the EU are establishing trust frameworks inspired by Regulation (EU) No 910/2014. Therefore, in order to facilitate the recognition of such services and their providers, implementing legislation may set the conditions under which trust frameworks of third countries could be considered equivalent to the trust framework for qualified trust services and providers in this Regulation, as a complement to the possibility of the mutual recognition of trust services and providers established in the Union and in third countries in accordance with Article 218 of the Treaty.	(20) The provision and use of trust services are becoming increasingly important for international trade and cooperation. International partners of the EU are establishing trust frameworks inspired by Regulation (EU) No 910/2014. Therefore, in order to facilitate the recognition of such services and their providers, delegated acts may set the conditions under which trust frameworks of third countries could be considered equivalent to the trust framework for qualified trust services and providers in this Regulation, as a complement to the possibility of the mutual recognition of trust services and providers established in the Union and in third countries in accordance with Article 218 of the Treaty.

Amendment 11

Proposal for a regulation

Recital 21

Text proposed by the Commission	Amendment
(21) This Regulation should build on Union acts ensuring contestable and fair markets in the digital sector. In particular, it builds on the Regulation XXX/XXXX [Digital Markets Act], which introduces rules for providers of core platform services designated as gatekeepers and, among others, prohibits gatekeepers to require business users to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper. Article 6(1)(f) of the Regulation XXX/XXXX [Digital Markets Act] requires gatekeepers to allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. According to Article 2 (15) of [Digital Markets Act] identification services constitute a type of ancillary services. Business users and providers of ancillary services should therefore be able to access such hardware or software features, such as secure elements in smartphones, and to interoperate with them through the European Digital Identity Wallets or Member States’ notified electronic identification means.	(21) This Regulation should build on Union acts ensuring contestable and fair markets in the digital sector. In particular, it builds on the Regulation XXX/XXXX [Digital Markets Act], which introduces rules for providers of core platform services designated as gatekeepers to allow their business users to freely choose the identification service they want to use or interoperate with. This is of particular importance for the European Digital Identity Wallet or Member States’ notified electronic identification means. Business users and providers of identification services, should be able to access hardware or software features, made available or used by the gatekeepers, such as secure elements in smartphones, and to interoperate with them through the European Digital Identity Wallets or Member States’ notified electronic identification means.

Amendment 12

Proposal for a regulation

Recital 28

Text proposed by the Commission	Amendment
(28) Wide availability and usability of the European Digital Identity Wallets require their acceptance by private service providers. Private relying parties providing services in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications should accept the use of European Digital Identity Wallets for the provision of services where strong user authentication for online identification is required by national or Union law or by contractual obligation. Where very large online platforms as defined in Article 25.1. of Regulation [reference DSA Regulation] require users to authenticate to access online services, those platforms should be mandated to accept the use of European Digital Identity Wallets upon voluntary request of the user. Users should be under no obligation to use the wallet to access private services, but if they wish to do so, large online platforms should accept the European Digital Identity Wallet for this purpose while respecting the principle of data minimisation. Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. Self-regulatory codes of conduct at Union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including European Digital Identity Wallets within the scope of this Regulation. The codes of conduct should facilitate wide acceptance of electronic identification means including European Digital Identity Wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. They should be developed within 12 months of the adoption of this Regulation. The Commission should assess the effectiveness of these provisions for the availability and usability for the user of the European Digital Identity Wallets after 18 months of their deployment and revise the provisions to ensure their acceptance by means of delegated acts in the light of this assessment.	(28) Wide availability and usability of the European Digital Identity Wallets require their acceptance and trust by both users and private service providers. Private relying parties providing services in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications should accept the use of European Digital Identity Wallets for the provision of services where strong user authentication for online identification is required by national or Union law or by contractual obligation. Where very large online platforms as defined in Regulation [reference DSA Regulation] require users to authenticate to access online services, those platforms should be mandated to accept the use of European Digital Identity Wallets upon voluntary request of the user. Users should be under no obligation to use the wallet to access private services and should not be discriminated against for not using the Wallet. Very large online platforms should accept the European Digital Identity Wallet for this purpose while respecting the principle of data minimisation and in particular they should not process more data than they already have in order to fulfil their obligations under this Regulation, as well as other legal safeguards. Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. Self-regulatory codes of conduct at Union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including European Digital Identity Wallets within the scope of this Regulation. The codes of conduct should facilitate wide acceptance of electronic identification means including European Digital Identity Wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. They should be developed within 12 months of the adoption of this Regulation. The Commission should assess the effectiveness of these provisions for the availability and usability for the user of the European Digital Identity Wallets after 18 months of their deployment, and on a regular basis, and revise the provisions to ensure their acceptance by means of delegated acts in the light of this assessment.

Amendment 13

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) Secure electronic identification and the provision of attestation of attributes should offer additional flexibility and solutions for the financial services sector to allow identification of customers and the exchange of specific attributes necessary to comply with, for example, customer due diligence requirements under the Anti Money Laundering Regulation, [reference to be added after the adoption of the proposal], with suitability requirements stemming from investor protection legislation, or to support the fulfilment of strong customer authentication requirements for account login and initiation of transactions in the field of payment services.	(31) Secure electronic identification and the provision of attestation of attributes should offer additional flexibility and solutions for the financial services sector to allow secure identity verification of customers and the exchange of specific attributes necessary to comply with, for example, customer due diligence requirements under the Anti Money Laundering Regulation, [reference to be added after the adoption of the proposal], in particular where remote customer onboarding is carried out, with suitability requirements stemming from investor protection legislation.

Amendment 14

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) Strong user authentication covers sectorial use cases that mandate strong authentication using two factors. For example, strong user authentication supports strong customer authentication requirements for account login and initiation of transactions in the field of payment services.

Amendment 15

Proposal for a regulation

Recital 32

Text proposed by the Commission	Amendment
(32) Website authentication services provide users with assurance that there is a genuine and legitimate entity standing behind the website. Those services contribute to the building of trust and confidence in conducting business online, as users will have confidence in a website that has been authenticated. The use of website authentication services by websites is voluntary. However, in order for website authentication to become a means to increasing trust, providing a better experience for the user and furthering growth in the internal market, this Regulation lays down minimal security and liability obligations for the providers of website authentication services and their services. To that end, web-browsers should ensure support and interoperability with Qualified certificates for website authentication pursuant to Regulation (EU) No 910/2014. They should recognise and display Qualified certificates for website authentication to provide a high level of assurance, allowing website owners to assert their identity as owners of a website and users to identify the website owners with a high degree of certainty. To further promote their usage, public authorities in Member States should consider incorporating Qualified certificates for website authentication in their websites.	(32) Website authentication services provide users with assurance that there is a genuine and legitimate entity standing behind the website. Those services contribute to the building of trust and confidence in conducting business online, as users will have confidence in a website that has been authenticated. The use of website authentication services by websites is voluntary. However, in order for website authentication to become a means to increasing trust, providing a better experience for the user and furthering growth in the internal market, this Regulation lays down minimal security and liability obligations for the providers of website authentication services and their services. To that end, web-browsers should ensure support and interoperability with Qualified certificates for website authentication pursuant to Regulation (EU) No 910/2014. They should recognise and display Qualified certificates for website authentication, unless where they can demonstrate that this would significantly undermine user security, to provide a high level of assurance, allowing website owners to assert their identity as owners of a website and users to identify the website owners with a high degree of certainty. Providers of web-browsing services should establish procedures to ensure that user security is not undermined through the use of these certificates. To further promote their usage, public authorities in Member States should consider incorporating Qualified certificates for website authentication in their websites.

Amendment 16

Proposal for a regulation

Recital 36

Text proposed by the Commission	Amendment
(36) In order to avoid fragmentation and barriers, due to diverging standards and technical restrictions, and to ensure a coordinated process to avoid endangering the implementation of the future European Digital Identity framework, a process for close and structured cooperation between the Commission, Member States and the private sector is needed. To achieve this objective, Member States should cooperate within the framework set out in the Commission Recommendation XXX/XXXX [Toolbox for a coordinated approach towards a European Digital Identity Framework]26 to identify a Toolbox for a European Digital Identity framework. The Toolbox should include a comprehensive technical architecture and reference framework, a set of common standards and technical references and a set of guidelines and descriptions of best practices covering at least all aspects of the functionalities and interoperability of the European Digital Identity Wallets including eSignatures and of the qualified trust service for attestation of attributes as laid out in this regulation. In this context, Member States should also reach agreement on common elements of a business model and fee structure of the European Digital Identity Wallets, to facilitate take up, in particular by small and medium sized companies in a cross-border context. The content of the toolbox should evolve in parallel with and reflect the outcome of the discussion and process of adoption of the European Digital Identity Framework.	(36) In order to avoid fragmentation and barriers, due to diverging standards and technical restrictions, and to ensure a coordinated process to avoid endangering the implementation of the future European Digital Identity framework, a process for close and structured cooperation between the Commission, Member States, civil society, academics and the private sector is needed. To achieve this objective, Member States should cooperate within the framework set out in the Commission Recommendation XXX/XXXX [Toolbox for a coordinated approach towards a European Digital Identity Framework]26 to identify a Toolbox for a European Digital Identity framework. The Toolbox should include a comprehensive technical architecture and reference framework, a set of common standards and technical references and a set of guidelines and descriptions of best practices covering at least all aspects of the functionalities and interoperability of the European Digital Identity Wallets including eSignatures and of the qualified trust service for attestation of attributes as laid out in this regulation. In this context, Member States should also reach agreement on common elements of a business model and fee structure of the European Digital Identity Wallets, to facilitate take up, in particular by small and medium sized companies in a cross-border context. The content of the toolbox should evolve in parallel with and reflect the outcome of the discussion and process of adoption of the European Digital Identity Framework. Relevant stakeholders, such as civil society organisations, consumer organisations or academics, and the private sector should be represented and consulted in the Toolbox process. It is important to establish an effective cooperation between the Commission, the Member States and relevant stakeholders in order to ensure a continuous and effective coordination and implementation with regard to the common elements of the Toolbox, so that fragmentation and obstacles are regularly minimised, and in order to encourage the cross-border use of electronic identification means and trust services.
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26 [insert reference once adopted]	26 [insert reference once adopted]

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 910/2014

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
This Regulations aims at ensuring the proper functioning of the internal market and providing an adequate level of security of electronic identification means and trust services. For these purposes, this Regulation:	This Regulation aims at ensuring the proper functioning of the internal market by providing a high level of security of electronic identification means and trust services that are easily accessible and user-friendly and by facilitating cross-border use and innovation. For these purposes, this Regulation:

Amendment 18

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 910/2014

Article 1 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) lays down the conditions under which Member States shall provide and recognise electronic identification means of natural and legal persons, falling under a notified electronic identification scheme of another Member State;	(a) lays down the conditions under which Member States provide and recognise electronic identification means of natural and legal persons, falling under a notified electronic identification scheme of another Member State;

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 910/2014

Article 1 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) lays down the conditions for the issuing of European Digital Identity Wallets by Member States.;	(d) lays down the conditions under which Member States provide and recognise European Digital Identity Wallets;

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point a

Regulation (EU) No 910/2014

Article 2 – paragraph 1

Text proposed by the Commission	Amendment
1. This Regulation applies to electronic identification schemes that have been notified by a Member State, European Digital Identity Wallets issued by Member States and to trust service providers that are established in the Union.;	1. This Regulation applies to electronic identification schemes that have been notified by a Member State, European Digital Identity Wallets made available by a Member State in accordance with Article 6a (2) and to trust service providers that are established in the Union.’;

Amendment 21

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point d

Regulation (EU) No 910/2014

Article 3 – paragraph 1 – point 16 – introductory part

Text proposed by the Commission	Amendment
(16) ‘trust service’ means an electronic service normally provided against payment which consists of:	(16) ‘trust service’ means an electronic service normally provided against remuneration which consists of:

Amendment 22

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point i

Regulation (EU) No 910/2014

Article 3 – paragraph 1 – point 42

Text proposed by the Commission	Amendment
(42) ‘European Digital Identity Wallet’ is a product and service that allows the user to store identity data, credentials and attributes linked to her/his identity, to provide them to relying parties on request and to use them for authentication, online and offline, for a service in accordance with Article 6a; and to create qualified electronic signatures and seals;	(42) ‘European Digital Identity Wallet’ is a product and service that allows the user to store and manage identity data, including related consents, identity data, credentials and attributes linked to her/his identity, to provide them to relying parties on request and to use them for authentication, online and offline, for a service in accordance with Article 6a; and to create qualified electronic signatures and seals;

Amendment 23

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point i

Regulation (EU) No 910/2014

Article 3 – paragraph 1 – point 48

Text proposed by the Commission	Amendment
(48) ‘qualified electronic archiving service’ means a service that meets the requirements laid down in Article 45g;	(48) ‘qualified electronic archiving service’ means an electronic archiving service that is provided by a qualified trust service provider and meets the requirements laid down in Article 45g;

Amendment 24

Proposal for a regulation