eIDAS 2.0 and Digital Identity

The eIDAS 2.0 Regulation

Regulation (EU) 2024/1183, known as eIDAS 2.0, amends the original 2014 Regulation (Regulation 910/2014) and introduces fundamental changes to digital identity and trust services in the European Union.

Key Changes

1. European Digital Identity Wallet (EUDI Wallet): Member States must provide all citizens and residents with a free digital wallet for electronic identification, storing and presenting verifiable attributes (university degree, driver's license, health data).

2. Mandatory mutual recognition: Member States must recognize wallets issued by other States. Online platforms with over 45 million active users in the EU are required to accept the wallet as identification.

3. New qualified trust services: Remote electronic signature creation device management, electronic ledgers (distributed registries), and qualified electronic archiving services.

Electronic Signature: Three Levels

The Regulation distinguishes three levels with different evidentiary strength:

Simple electronic signature

Any electronic data linked to other data used by the signatory to sign. Admissible as evidence, but courts may question its reliability.

Advanced electronic signature (AES)

Must meet four requirements (Art. 26 eIDAS): uniquely linked to the signatory, capable of identifying the signatory, created with data under the signatory's sole control, and linked to the signed data so modifications are detectable. Greater evidentiary strength with a rebuttable presumption of authenticity.

Qualified electronic signature (QES)

An AES created with a qualified device and based on a qualified certificate issued by a qualified trust service provider. Equivalent to a handwritten signature (Art. 25.2 eIDAS). Use cases: public deeds, contracts requiring written form, public procurement, tax filings.

Qualified Time Stamps

A qualified time stamp links a document to a specific moment with a presumption of accuracy (Art. 41 eIDAS). Practical applications: intellectual property protection (proving creation date), procedural deadline compliance, document integrity in procurement.

Qualified Trust Service Providers in Spain

Key providers include FNMT (national certificates), Camerfirma (corporate certificates), and VIDsigner (qualified signatures). They are subject to biennial audits and ETSI standards.