eIDAS is a set of standards for electronic identification and trust services for electronic transactions in the European Single Market. It was established in EU Regulation № 910/2014 of 23 July 2014 on electronic identification, which repeals Directive 1999/93/EC.
Contents
Description
EIDAS oversees electronic identification and trust services for electronic transactions in the European Union's internal market. It regulates electronic signatures, electronic transactions, involved bodies and their embedding processes to provide a safe way for users to conduct business online like electronic funds transfer or transactions with public services. Both the signatory and recipient have access to a higher level of convenience and security. Instead of relying on traditional methods, such as mail, facsimile service, or appearing in person to submit paper-based documents, they may now perform transactions across borders, e.g., using “1-Click” technology.
eIDAS has created standards for which electronic signatures, qualified digital certificates, electronic seals, timestamps and other proof for authentication mechanisms enable electronic transactions with the same legal standing as transactions performed on paper.
The eiDAS Regulation came into effect in July 2014 as a means to facilitate secure and seamless electronic transactions within the European Union. EU member states are required to recognize electronic signatures that meet the standards of eIDAS.
Vision
eIDAS is a result of the European Commission’s focus on Europe’s Digital Agenda. With the Commission’s oversight, eIDAS was implemented to spur digital growth within the EU.
The intent of eIDAS is to drive innovation. By adhering to the guidelines set for technology under eIDAS, organizations are pushed towards using higher levels of information security and innovation. Additionally, eIDAS focuses on:
Regulated aspects in electronic transactions
The eIDAS Regulation provides the regulatory environment for the following important aspects related to electronic transactions:
Evolution and legal implications
The eIDAS Regulation evolved from Directive 1999/93/EC, which set a goal that EU member states were expected to achieve in regards to electronic signing. The directive made the European member states responsible for creating laws that would allow them to meet the goal of creating an electronic signing system within the EU. As a regulation, all Member States are required to abide by the specifications given under eIDAS as it is legally binding throughout the EU as of July 1, 2016.
EIDAS provides a tiered approach of legal value. It requires that no electronic signature should be denied legal effect or admissibility in court solely because it is not an advanced or qualified electronic signature. For qualified electronic signatures it is required that they be given the same legal effect as handwritten signatures. For electronic seals (the legal entities' version of signatures) probative value is explicitly addressed, since seals should enjoy the presumption of integrity and the correctness of the origin of the attached data.