EU eID: Member States adopts Council's General Approach

On December 6, the Transport, Telecommunications and Energy Council in its Telecommunications configuration adopted its Genral approach on the proposed legislation regarding the framework for a European digital identity (eID). The adoption of the general approach will allow the Council to enter interinstitutional negotiations with the European Parliament once the latter adopts its own position (Trialogues)

Commission and Member States' comments

Ivan Bartoš, Czech Deputy Prime Minister for digitalisation and minister of regional development, explained that the Commission presented the proposal in June 2021 and the Slovenian Presidency concluded the first reading in November 2021. He said the provision enables a user to use their national eID means in conjunction with additional remote on-boarding procedures to make identity proofing at assurance level 'high' possible and, ultimately, to obtain a wallet. On certification schemes, he outlined how they should be provided as part of the cybersecurity Act framework. Until such schemes are developed, the EUCS would be used as a baseline methodology for the wallet regulation. A list of procedures and standards is to be established, he said. With the compromise text, he believed final outstanding issues had been addressed and gave the floor to the Commission.

Thierry Breton, Commissioner for Internal Market, was pleased to see the Council is ready to move to the next level. When the Commission looked at the development of major platforms, he noticed the need to look at eID. He highlighted the proposal is essential when it comes to guaranteeing privacy rights: only the users can decide which information they share and with whom. The electronic attestation of attributes beyond ID data are also included and he mentioned academic and professional qualifications, driving licenses, proofs of age, etc. then, he underlined the importance to guarantee a high level of security and reduce any risk of identity theft. The text puts in place a system of wallets as means of eID. He explained wallets will give access to public and private services and thanked member states to their openness in accepting these positive steps with regard to interoperability across borders. He underlined the important role that wallets play in other fields such as securing access to medical records, the protection of minors and navigate dataspaces with a view of identification into the metaverse. With the initiative, he said the EU will improve its digital sovereignty and noted it is fully compatible and in line with human rights.

The representative of France thanked the Czech Presidency and generally supported the general approach. He highlighted the need to improve security; however, he believed it is important to find a way to ensure these wallets are secure at two levels: substantive security which has to be optional and a high level of security for public services. To facilitate the adoption of these wallets he asked for flexibility with regard to unique identifier which is obligatory, but he welcomed the compromise which allow users to ask for a new identifier. He stressed the need to remain vigilant when it comes to certification of attributes for the public sector and a certification of security of wallets with peer-review. Lastly the preservation of central role of national authorities on cybersecurity must be maintained, he concluded.

The representative of the Germany echoed what the Commissioner said about adapting technologies. He affirmed Germany can support the compromise text as it stands given the important step forward as part of the EU digital strategy.

The representative of Estonia highlighted how for the digital economy the two cornerstones are exchange of data and eID. He stressed the fact that some countries like Estonia already have working eID and compliancy needs to be checked. He pointed out the issue about the amendment to the single unique certifier and noted that if there's a problem with record-matching it then makes it more difficult to see who has access to data.

The representative of Finland thanked the Czech Presidency for the effort in reaching the general approach and noted the potential of eID enabling citizens to be part of a vigilant society with the possibility to access cross-border digital services and better control their data. She remarked Finland's ongoing efforts in building a national identification system and hoped this solution could be implemented in the EU digitalisation of wallets. Moreover, she highlighted the importance to ensure trust with highest level of assurance and security. She welcomed the compromise solution. 

The representative of Belgium said Belgium is looking forward to continuing the work on eID deeming it a project that can bring the added value of the EU right to citizens' pockets. To ensure the effective uptake and to further increase the use of trust services she believed the EU should aim for harmonisation, user-friendliness and security. On trust services she said she was very pleased with the provisions on qualified registered deliveries where first steps on interoperability are taken. She also mentioned that the introduction of electronic archiving would be very useful in continuing the digital transition. 

The representative of Austria congratulated the Presidency and gave support while also aligning to what the Commissioner said. he focused on two issues: digitalisation of administrations making eID available and ensuring citizens' data are protected. He thanked for some of the additions but expressed concerns on the deletion of alternative certifications in the wallets as it Is vital to create a solid transition.

The representative of Sweden affirmed the eID will provide safe methods to share information and verify identity. The proposal has a great potential for digital development in all sectors and it will be a significant step in realising an EU vision, he added.

The representative of Slovakia thanked the Presidency and agreed with the general approach. He highlighted the important work to be done on implementing acts allowing for similar practical roll out once the trilogues are over.

The representative of the Netherlands noted how many discussions led to significant improvements to the text. She said she was particularly pleased with the improvements made on alternatives for unique and persistent identifier. She also appreciated the extension with the implementing periods which will give member states more time and the strong supervision on the electronical attestation of attributes. She highlighted how the voluntary use of the wallet at all times is important and she would like to see it also in the upcoming implementation regulation and the codes of conduct established by the private sector. She remained in favour of a more explicit text on trading of data related to the users of wallets to avoid profiling and advertising based on data.

The representative of Croatia supported the general approach and explained the developments in Croatia. He said harmonisation of rules is a challenge that needs to be addressed.

The representative of Slovenia congratulated the Czech Presidency for the general approach. She informed that Slovenia has started issuing a new biometric ID card which will also serve as an eID card and in December Slovenia is starting notification processes for cross-border views. However, she said advanced mobile solutions for eID identities are still lacking and welcomed the new legislation. She supported the high level of assurance, as well as the persistency and uniqueness of the user identifier for cross-border identification. She informed Slovenia has prepared a non-paper regarding commercial long-term preservation services which can be harmonised at EU level and public services which cannot be harmonised. She also expressed concerns on latest changes on certification regime of the wallet.  

The representative of Poland appreciated the compromise text for the digital single market and a common concept of the wallet. The wallet has to be secure and user-friendly, and he asked to keep the high level of ambition expressed.

The representative of Latvia supported the proposal in harmonising the functioning of the market. He strongly supported the creation of eID wallet regulation and welcomed the creation of new trust services in an effort to set high trust levels. At the same time, he believed reaching the basic objectives of the proposal would be complicated, including when it comes about a unique and permanent identifier. In the name of compromise, he supported the text.

The representative of Cyprus congratulated the Presidency as the text provide a good compromise avoiding the risk of fragmentation. He welcomed the introduction of high level of assurance which also leaves room for flexibility for member states. He also appreciated the longer period for implementation. He informed Cyprus national eID scheme is expected to be notified to countries in 2023. 

The representative of Ireland supported the adoption of the general approach and thanked the Presidency for the proposal and the inclusion of the recital on open sources. He supported the intervention made by Commissioner Breton.

The representative of Malta thanked all Presidencies for the work done. He believed the server will be a game-changer for EU citizens.

The representative of Bulgaria thanked the Presidency for reflecting comments made by Bulgaria in the final text and noted the flexibility ensured.

The representative of Romania supported the general approach and thanked the Presidency and the Commission. She said Romania had always advocated for setting up the wallet at a level of assurance high which could be used to access all online services. It could ensure equal access creating a level playing field for the industry across the EU and she welcomed the fact that the Commission will propose further technical specifications and standards for member states to ensure that wallets have the highest security levels.

The representative Denmark shared the ambition of increasing eID wallet solutions; however, he expressed a few remaining concerns on first, assurances and higher uptakes; second, broad application to accept wallets currently in the text. He hoped these concerns would be addressed in trilogues.

The representative of Greece said that this is a project of immense political importance, and they believe that the work needs to be taken forward as a priority, both at political and technical level. He continued by saying that it is one of those tangible results which have a direct impact on the citizens' everyday lives, promoting European integration in the digital area. He added that in Greece they have recently created their national digital wallet that includes an ID card and driver's licence, which can be used for identification and transaction purposes. He underlined the need for guiding and technical assistance to Member States from the Commission in order to fully develop their national eID systems, ensuring controllability and high standards of cyber security across the EU. He concluded by saying that this initiative is at the heart of the EU's common market integration, creating jobs and growth to benefit the digital economy. It is in their best interest to make it happen in the quickest and most efficient way, he said.

The representative of Italy thanked the Presidency and said that they can support the general approach on the proposal. He then added that more than 32 million citizens in Italy used a similar identity online service, and this is why they need to ensure that the digital wallets are a success for Italy. He said that it is good to have technical possibilities and market opportunities connected to digital wallets. Moreover, these services should be extended to the qualified certification because what they want is the creation of a space in which each citizen can rely across the EU. He then added that interoperability of European systems based on push notifications, which are alternatives to non-European platforms, are quite important. They understood that the wallet is being created to verify people's identities, but they hope that in the future it will become the basis for a digital infrastructure to be used for various applications. He concluded by saying that they would like to improve and increase the security requirements, for a transitional period, as well as some flexibility to allow the market to adapt to the new standards and to allow citizens to benefit from the new certification systems.

The representative of Portugal said that the European digital identity is important to foster the confidence of the citizens in the digital society that they are building. He then said that they are happy that their proposals were included in the revised compromise proposal. He continued by saying that in Portugal they have worked hard in terms of defining their national digital identity with levels of participation which are very significant from companies and citizens for signing contracts and documents digitally. It is important for them that the new digital ID will not replace the IDs system that has been already set, so that the existing means of identification can continue to be used. Lastly, he said that they agree with the general approach and wish all the best to the Swedish Presidency.

Ivan Bartos, Czech Deputy Prime minister for digitalisation and minister of regional development, said that even though not everyone took a chance to share their opinion on the floor, it looks like they do have a unanimous support on this file.

Thierry Breton, Commissioner for Internal Market, welcomed the general approach. He then underlined the importance of the file, especially talking about citizens' identity, indeed these are often very important and sensitive issues. The Commissioner said that they are taking a step forward by adopting this general approach because they are sticking to some of the required constraints needed in many Member States. He continued by saying that this is a very important subject for the free movement of citizens within the EU. Lastly, he said that, as soon as the EP adopts its reports, it is important they ensure rapid progress on the file because it is crucial for the citizens and for the European Digital area.