To date, we have named Regulation (EU) No. 910/2014 of the European Parliament and Council of the European Union, also better known as the eIDAS Regulation, on numerous occasions on our website. However, we have noticed that we do not have a proper blog post in which we talk at length about this legal framework. Looks like it’s time for one, doesn’t it?
Today, we provide answers to the most frequently asked general questions or most important aspects you should know:
What is the eIDAS Regulation?
eIDAS is a regulation that establishes a legal framework to regulate electronic transactions and trust services, ensuring their authenticity and security. Its acronym stands for ‘electronic Identification, Authentication and trust services’. Although it was enacted in 2014, it did not come into force until 2016, when all member states of the European Union became subject to its rules.
Broadly speaking, there are two points it seeks to cover:
- Ensure that anyone who wishes to do so, whether citizens or companies, can access public services telematically, by means of digital identification;
- To create a single European market of trust services, which works independently of country borders and has the same legal validity as the handwritten signature.
What are trust services?
Generally, in Viafirma we have dealt with the eIDAS Regulation in relation to the digital signature. Although, indeed, it falls into the category of trust services, it is not the only one. There are more that we will explain below.
But what exactly do we mean by trust services? They are electronic services that authenticate, verify and ensure security in electronic transactions, both at public and private level, identifying the people who perform them. The list that make up the trusted services are:
- Time stamps
- Digital certificate
- Electronic signature and seal
- Digital signature
How many types of electronic signature do you differentiate?
With regard to electronic signatures, the eIDAS Regulation differentiates between three types of electronic signature:
Simple electronic signature
It is considered the most basic of the three. It is data in electronic format that has been separated from or associated with other data, also electronic, used by the signatory to sign. For example, scribbling a name on an electronic document could be considered a simple electronic signature.
Advanced electronic signature
Unlike its predecessor, an advanced electronic signature is one that is created using a digital certificate, cryptographic keys, access codes, biometric data and other electronic means. This is the case, to name a few, of OTP codes (either SMS or email); rare is the day when you don’t receive one, right?
In addition, eIDAS also points out a series of requirements that the advanced electronic signature fulfills:
- It is uniquely linked to the signatory and is capable of identifying the signatory;
- It has been created using electronic signature data that the signatory can use and control exclusively, with high confidence;
- It is possible to detect any changes made once the document is signed.
Qualified electronic signature
Last but not least, the qualified electronic signature. The most remarkable thing about this type, based on a qualified certificate, is that it cannot be created without a qualified electronic signature creation device.
It is the most sophisticated of the above-mentioned signatures and, therefore, offers the highest level of security. In the same way, it is the one that, at a legal level, is equivalent to the handwritten one. There are many situations in which this type of signature is used; without going any further, all the signatures you make on a tablet, whether in a bank or a university.
Legal effects of electronic signatures
Through Article 25 of this legal framework, the legal effects of the electronic signature are established:
- “An electronic signature shall not be denied legal effect or admissibility as evidence in legal proceedings merely because it is an electronic signature or because it does not meet the requirements of a qualified electronic signature”;
- “A qualified electronic signature shall have a legal effect equivalent to that of a handwritten signature”;.
- “A qualified electronic signature based on a qualified certificate issued in one Member State shall be recognized as a qualified electronic signature in all other Member States”.
Why is the eIDAS Regulation important?
The entry of this legal framework opened the door to a new era of digitization. Thanks to the electronic identification methods it introduced (for the first time in history, marking a milestone in digital identification), companies were able to take the step they had been waiting for to carry out transactions online with their customers. In this way, they began to manage their procedures without the need to go to an office in person to sign a document.
On a practical level, for Spain and the other member states of the European Union, it meant, a priori, the creation of a Digital Single Market. Its objective was to connect the electronic services and digital identification systems of all European territories, leading to a complete integration.
What’s new with the eIDAS 2 Regulation
Despite the trust placed in it, this regulation has not met the needs and expectations generated. For this reason, at the beginning of 2024 a proposal was approved to modify the regulation, renaming it ‘eIDAS 2’, in order to cover the existing shortcomings.
Main new features introduced
- Universal Digital Identity Wallet. The ID card that we now carry in our wallet could be replaced by a digital identity, which would be in our cell phone. It could be used in any territory of the European Union, making border crossings more agile thanks to the European Digital Identity Regulation (EUDI).
- Stricter Data Protection regulation. The update seeks to align regulations with the RGPD (General Data Protection Regulation) to increase data security and confidentiality.
- More accessible services with Digital Identity. The list of services and administrations that can be accessed online using digital identity grows.
Integrate trusted services with Viafirma
We hope that, with this blog entry, you have understood a little better what is the eIDAS Regulation and the changes that its most recent version will bring. In Viafirma, every week we bring you news about digital signature and the rest of trust services, so that you are up to date. Follow us on LinkedIn, Instagram or TikTok and don’t miss anything!