47 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2021/0136(COD)
Amendment 22 #
Proposal for a regulation
Recital 7
Recital 7
(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 legally designated or recognised by a 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.
Amendment 35 #
Proposal for a regulation
Recital 17
Recital 17
(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 atprocedures for accreditation of unique identity at the 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.
Amendment 39 #
Proposal for a regulation
Recital 18
Recital 18
(18) In line with Directive (EU) 2019/88222 and the United Nations Convention on the Rights of Persons 22a with Disabilities, 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. _________________ 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 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 42 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The European Digital Identity Wallet shall be made available in a language which can be easily understood by end-users and for persons with special need such as elderly people and vulnerable groups.
Amendment 44 #
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18 b) Digital identity services should be available to citizens through commonly used devices and should not require technically advanced devices to access these services.
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation 910/2014
Article 2 – Paragraph 1
Article 2 – Paragraph 1
1. This Regulation applies to electronic identification schemes that have been notified by a Member State, European Digital Identity Wallets issued by a competent authority legally designated or recognised by a Member States and to trust service providers that are established in the Union.;
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 910/2014
Article 3 – paragraph 1 – point 42
Article 3 – paragraph 1 – point 42
(42) ‘European Digital Identity Wallet’ is a product and service that allows the user to store and manage 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 66 #
Proposal for a regulation
Recital 7
Recital 7
(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 and receive 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 residethat such framework does not lead to the widening of the digital divide and therefore they should ensure equal and free of charge access to digital identification to all their nationals and individuals present in their territory, in particular persons with disabilities and with functional limitations, such as elderly persons, persons with limited access to digital infrastructure and digital skills, socioeconomically disadvantaged groups and individuals, refugees, asylum seekers and migrants.
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 1
Article 6a – paragraph 1
1. For the purpose of ensuring that all natural and legal persons in the Union have secure, trusted and seamless access to cross-border public and private services, each Member State shall issue at least one European Digital Identity Wallet within 12 months after the entry into force of this Regulation.
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 2 – point a
Article 6a – paragraph 2 – point a
(a) by a Member Statecompetent authority, legally designated or recognised by a Member State, to its citizens, residents or legal persons established in that country;
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 310/2014
Article 6a – paragraph 2 – point c
Article 6a – paragraph 2 – point c
(c) independently but qualified trust service providers legally designated or recognised by a Member State.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 3 – point a
Article 6a – paragraph 3 – point a
(a) securely request and obtain, store, select, combine and share, in a manner that is transparent to and traceable by the user, the necessary legal person identification data, credentials and electronic attestation of attributes to authenticate online and offline in order to use online public and private services;
Amendment 80 #
Proposal for a regulation
Recital 11
Recital 11
(11) European Digital Identity Wallets should ensure the highest level of security for the personal data used for authentication irrespective of whether such data is stored locally or on cloud- based solutionsand stored locally, taking into account the different levels of risk. Using biometrics to authenticate is one of the identifications methods providing a high level of confidence, in particular when used in combination with other elements of authentication. Since biometrics represents a unique characteristic of a person, the use of biometrics requires organisational and security measures, commensurate to the risk that such processing may entail to the rights and freedoms of natural persons and in accordance with Regulation 2016/679.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 (a) – point a – subpoint i
Article 6a – paragraph 4 (a) – point a – subpoint i
(1) to qualified and non-qualified trust service providers issuing qualified and non-qualified electronic attestations of attributes or other qualified and non- qualified certificates for the purpose of issuing such attestations and certificates to the European Digital Identity Wallet;
Amendment 88 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the European Union and all Member States should protect persons with disabilities from discrimination and promote their equality, ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems and ensure respect for privacy of persons with disabilities.
Amendment 91 #
Proposal for a regulation
Recital 18
Recital 18
(18) ITherefore, in line with Directive (EU) 2019/88222 , persons with disabilities and with functional limitations 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. _________________ 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).
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 5 – introductory part
Article 6a – paragraph 5 – introductory part
5. The competent authorities legally designated or recognised by a Member States shall provide validation mechanisms for the European Digital Identity Wallets:
Amendment 100 #
Proposal for a regulation
Recital 29
Recital 29
(29) The European Digital Identity Wallet should technically enable the selective disclosure of attributes to relying parties. This feature should become a basic design feature thereby reinforcing convenience and personal data protection including minimisation of processing of personal data. Mechanisms for the validation of the European Digital Identity Wallet, selective disclosures and authentication of users to access online services should respect the right to pseudonimity.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6 a – Paragraph 6 a (new)
Article 6 a – Paragraph 6 a (new)
6 a. The use of the European Digital Identity Wallets shall be free of charge to all natural or legal persons.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6 a – paragraph 10
Article 6 a – paragraph 10
10. The European Digital Identity Wallet shall be made accessible for persons with disabilitiesunderstandable in a language which can be easily understood by end-users and accessible for persons with disabilities and with special needs including elderly people in accordance with the accessibility requirements of Annex I to Directive (EU) 2019/882. (European Accessibility Act) and the United Nations Convention on the Rights of Persons with Disabilities1a . _________________ 1a 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 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6 a – paragraph 11
Article 6 a – paragraph 11
11. Within 6 months of the entering into force of this Regulation, the Commission shall establish technical and operational specifications and reference standards for the requirements referred to in paragraphs 3, 4 and 5 by means of an implementing act on the implementation of the European Digital Identity Wallet. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(2). The Commission shall also consult relevant stakeholders, including social partners in this context..
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation 910/2014
Article 11a – title
Article 11a – title
Unique Iidentification accreditation
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12 b – paragraph 3
Article 12 b – paragraph 3
3. Where very large online platforms as defined in Regulation [reference DSA Regulation] Article 25.1. require users to authenticate to access online services, they shall also accept and facilitate the use of European Digital Identity Wallets issued in accordance with Article 6a strictly upon voluntary request of the user and in respect of the minimum attributes necessary for the specific online service for which authentication is requested, such as proof of age. This obligation shall not lead the provider of the very large online platform to maintain, acquire or process more data than it already has in order to fulfil its obligations under this paragraph.
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation n° 910/2014
Article 5 – title
Article 5 – title
Pseudonyms in electronic transactions
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 910/2014
Article 5
Article 5
Without prejudice to the legal effect given to pseudonyms under national law, the use of pseudonyms in electronic transactions shall not be prohibi, where possible, shall always be allowed and implemented.;
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12 b – paragraph 5
Article 12 b – paragraph 5
5. The Commission shall make an assessment within 18 months after deployment of the European Digital Identity Wallets whether on the basis of evidence showing availability and usability of the European Digital Identity Wallet, additional private online service providers shall be mandated to accept the use of the European Digital iIdentity Wallet strictly upon voluntary request of the user. This assessment shall be done by the Commission on a regular basis. Criteria of assessment may include extent of user base, cross-border presence of service providers, technological development, evolution in usage patterns. The Commission shall be empowered to adopt delegated acts based on this assessment, regarding a revision of the requirements for recognition of the European Digital Identity wallet under points 1 to 4 of this article.
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation 910/2014
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission may adopt implementingdelegated acts, in accordance with Article 48(2)7, setting out the conditions under which the requirements of a third country applicable to the trust service providers established in its territory and to the trust services they provide can be considered equivalent to the requirements applicable to qualified trust service providers established in the Union and to the qualified trust services they provide.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
2. Where the Commission has adopted an implementingdelegated act pursuant to paragraph 1 or concluded an international agreement on the mutual recognition of trust services in accordance with Article 218 of the Treaty, trust services provided by providers established in the third country concerned shall be considered equivalent to qualified trust services provided by qualified trust service providers established in the Union.;
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation 910/2014
Article 15 – title
Article 15 – title
Accessibility for persons with disabilities and special needs
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation 910/2014
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation 910/2014
Article 15 – paragraph 1
Article 15 – paragraph 1
The provision of Trust services and end- user products used in the provision of those services shall be made accessible for persons with disabilitiesvailable in a language which can be easily understood by end-users and accessible for persons with disabilities or/and with special needs including elderly people in accordance with the accessibility requirements of Annex I of Directive (EU)2019/882 (European Accessibility Act) on the accessibility requirements for products and services.; and the United Nations Convention on the Rights of Persons with Disabilities 2a ; _________________ 2a 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 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 4 – point e
Article 6a – paragraph 4 – point e
(e) ensure that the person identification data referred to in Articles 12(4), point (d) uniquely and persistently representing the natural or legal person is associated with itonly shared pseudonymously so it is different for different relying parties in order to prevent the association or tracking of the user across relying parties.
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point a
Article 1 – paragraph 1 – point 25 – point a
Regulation 910/2014
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) by using other identification methods which ensure the identification of the natural person with a high level of confidence and security equivalent in terms of reliability to physical presence, the conformity of which shall be confirmed by a conformity assessment body and shall, in any case, comply with the up-to- date standards of the European Telecommunications Standard Institute (ETSI) on ID proofing;
Amendment 155 #
(c a) by using attributes set out in the Article 6a;
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 6
Article 6a – paragraph 6
6. The European Digital Identity Wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. The use of the European Digital Identity Wallets shall be free of charge to natural persons. Enjoyment of rights and access to services, particularly government services, justice, the labour market and freedom to conduct business shall not be restricted or hindered for natural persons not using the European Digital Identity Wallet.
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point b
Article 1 – paragraph 1 – point 25 – point b
Regulation 910/2014
Article 24 – paragraph 1a
Article 24 – paragraph 1a
1a. Within 12 months after the entry into force of this Regulation, the Commission shall by means of implementing acts, set out minimum technical specifications, standards and procedures with respect to the verification of identity and attributes in accordance with paragraph 1, point c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). The Commission shall also consult relevant stakeholders, including social partners and users associations in this context.;
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation 910/2014
Article 45b – paragraph 1
Article 45b – paragraph 1
When an electronic identification using an electronic identification means and authentication is required under national law to access an online service provided by a public sector body, person identification data in the electronic attestation of attributes shall not substitute electronic identification using an electronic identification means and authentication for electronic identification unless specifically allowed by the Member State or the public sector body. In such a case, qualified electronic attestation of attributes from other Member States shall also be accepted.
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6b – paragraph 1
Article 6b – paragraph 1
1. Where relying parties intend to rely upon European Digital Identity Wallets issued in accordance with this Regulation, they shall communicate it torequest approval from the Member State where the relying party is established to ensure compliance with requirements set out in Union law or national law for the provision of specific services. When communicating their intention to rely on European Digital Identity wallets, they shall also inform about the intended use of the European Digital Identity Wallet.
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation 910/2014
Article 45 f – paragraph 4
Article 45 f – paragraph 4
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation 910/2014
Article 45i – parapraph 1 – point a
Article 45i – parapraph 1 – point a
(a) they are created or managed by one or more qualified trust service provider or providers;
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation 910/2014
Article 48a – paragraph 1
Article 48a – paragraph 1
1. Member States shall ensureprovide the Commission with the collection of statistics in relation to the functioning of the European Digital Identity Wallets and the qualified trust services in compliance with Union and national rules on data protection.
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EU) No 910/2014
Article 1 – paragraph 1 – point 7 Regulation (EU) No 910/2014
2. Member States shall implement a common mechanism for the authentication of relying parties. Member States may suspend or revoke the authorisation of relying parties in the case of illegal or fraudulent use of the European Digital Identity Wallet in their country.
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation 910/2014
Article 48a – paragraph 2a (new)
Article 48a – paragraph 2a (new)
2 a. The Commission shall establish a common methodology for the collection of the data.
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 910/2014
Article 11a – title
Article 11a – title
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 910/2014
Article 15 – title
Article 15 – title
Accessibility for persons with disabilities and with functional limitations
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 910/2014
Article 15 – paragraph 1
Article 15 – paragraph 1
The provision of Trust services and end- user products used in the provision of those services shall be made always accessible for persons with disabilities and with functional limitations, such as elderly persons, in accordance with the accessibility requirements of Annex I of Directive 2019/882 on the accessibility requirements for products and services.;
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation (UE) No 910/2014
Article 45a – paragraph 3 a (new)
Article 45a – paragraph 3 a (new)
3 a. Notwithstanding paragraphs 1 and 2, lawfully issued attestations in paper shall in any case always be accepted by relying parties instead of electronic attestation of attributes.