27 Amendments of Riho TERRAS related to 2021/0136(COD)
Amendment 12 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission Communication of 19 February 2020, entitled “Shaping Europe’s Digital Future”16 announces a revision of Regulation (EU) No 910/2014 of the European Parliament and of the Council with the aim of improving its effectiveness, and in response to technological developments since its adoption in 2014 while at the same time extending its benefits to the private sector and promoteing trusted digital identities for all Europeans. _________________ 16 COM/2020/67 final
Amendment 15 #
Proposal for a regulation
Recital 4
Recital 4
(4) A more harmonised approach to digitalelectronic identification and verification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the Single Market by allowing citizens, other residents as defined by national law and businesses to identify online in a convenient, trustworthy and uniform way across the Union. Everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes, such as a university degreen academic qualification legally recognised and accepted everywhere in the Union, a professional qualification or a mandate to represent a company. The framework for a European Digital Identity aims to achieve a shift from the reliance on national digital identity solutions only, to the provision of electronic attestations of attributes valid at European levelnd legally recognised across the Union. Providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given format.
Amendment 21 #
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 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, including vulnerable persons, such as persons with disabilities, persons who experience functional limitations and persons with limited access to digital technologies and taking into account insufficient digital literacy.
Amendment 26 #
Proposal for a regulation
Recital 9
Recital 9
(9) All European Digital Identity Wallets should allow users to electronically identify and authenticate online and, where possible, offline across borders in the single market for accessing a wide range of public and private services, and to create and use qualified electronic signatures and seals which are accepted across the Union. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. The European Digital Identity Wallet should also allow the user to consult the history of the transactions, transfer the wallet’s data, restore the access on a different device and block access to the wallet in case of a security breach that leads to its suspension, revocation or withdrawal, and offer the possibility to contact support services of the wallet’s issuer. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements, to comply with the security requirements under this Regulation. The European Digital Identity Wallets should also allow users to create and use qualified electronic signatures and seals which are accepted across the EU. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e- mandates, Member States should issue European Digital Identity Wallets relying on common standards to ensure seamless interoperability and a high level of security. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679.
Amendment 41 #
Proposal for a regulation
Recital 18
Recital 18
(18) In line with Directive (EU) 2019/88222 and Directive (EU) 2016/210222a, 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 Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1–15)
Amendment 45 #
Proposal for a regulation
Recital 20
Recital 20
(20) The provision and use of trust services are becoming increasingly important for international trade and cooperation. International partners of the EU are establishing trust frameworks inspired by Regulation (EU) No 910/2014. Therefore, in order to facilitate the recognition of such services and their providers, implementing legislation may set the conditions under which trust frameworks of third countries could be considered equivalent to the trust framework for qualified trust services and providers in this Regulation, as a complement to the possibility of the mutual recognition of trust services and providers established in the Union and in third countries in accordance with Article 218 of the Treaty. In order to encourage the international recognition of trust services, international standards should, where possible, be taken into account when creating the European digital identity wallet.
Amendment 46 #
Proposal for a regulation
Recital 21
Recital 21
(21) This Regulation should build on Union acts ensuring contestable and fair markets in the digital sector. In particular, it builds on the Regulation XXX/XXXX [Digital Markets Act], which that introduces rules for providers of core platform services designated as gatekeepers and, among others, prohibits gatekeepers to require business users to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper. Article 6(1)(f) of the Regulation XXX/XXXX [Digital Markets Act] requires gatekeepers to allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. According to Article 2 (15) of [Digital Markets Act] identification services constitute a type of ancillary services. Business users and providers of ancillary services should therefore be able to access such hardware or software features, such as secure elements in smartphones, and to interoperate with them through therequires gatekeepers to allow its business users to freely choose the identification service they want to use or interoperate with. This should cover European Digital Identity Wallets or Member States’ notified electronic identification means.
Amendment 49 #
Proposal for a regulation
Recital 28
Recital 28
(28) Wide availability and usability of the European Digital Identity Wallets require their acceptance by private service providers. Private relying parties providing services in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications should accept the use of European Digital Identity Wallets for the provision of services in an easily accessible and a non-discriminatory manner, to be further developed by the Toolbox, where strong user authentication for online identification is required by national or Union law or by contractual obligation. The use of European Digital Identity Wallets should not be compulsory for accessing public services. Member States should offer alternative and non- discriminatory solutions for citizens that do not wish to use European Digital Identity Wallets to access public services. Where very large online platforms as defined in Article 25.1. of Regulation [reference DSA Regulation] require users to authenticate to access online services, those platforms should be mandated to accept the use of European Digital Identity Wallets upon voluntary request of the user. Users should be under no obligation to use the wallet to access private services, but if they wish to do so, large online platforms should accept the European Digital Identity Wallet for this purpose while respecting the principle of data minimisation. Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. Self- regulatory codes of conduct at Union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including European Digital Identity Wallets within the scope of this Regulation. The codes of conduct should facilitate wide acceptance of electronic identification means including European Digital Identity Wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. They should be developed within 12 months of the adoption of this Regulation. The Commission should assess the effectiveness of these provisions for the availability and usability for the user of the European Digital Identity Wallets after 18 months of their deployment and revise the provisions to ensure their acceptance by means of delegated acts in the light of this assessment.
Amendment 53 #
Proposal for a regulation
Recital 31
Recital 31
(31) Secure electronic identification and the provision of attestation of attributes should offer additional flexibility and solutions for the financial services sector to allow identsecure identity verification of customers and the exchange of specific attributes necessary to comply with, for example, customer due diligence requirements under the Anti Money Laundering Regulation, [reference to be added after the adoption of the proposal], in particular where remote customer onboarding is being carried out, with suitability requirements stemming from investor protection legislation, or to support the fulfilment of strong customer authentication requirements for account login and initiation of transactions in the field of payment services.
Amendment 56 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to avoid fragmentation and barriers, due to diverging standards and technical restrictions, and to ensure a coordinated process to avoid endangering the implementation of the future European Digital Identity framework, a process for close and structured cooperation between the Commission, Member States and the private sector is needed. To achieve this objective, Member States should cooperate within the framework set out in the Commission Recommendation XXX/XXXX [Toolbox for a coordinated approach towards a European Digital Identity Framework]26 to identify a Toolbox for a European Digital Identity framework. The Toolbox should include a comprehensive technical architecture and reference framework, a set of common standards, building on international standards, where possible, and technical references and a set of guidelines and descriptions of best practices covering at least all aspects of the functionalities and interoperability of the European Digital Identity Wallets including eSignatures and of the qualified trust service for attestation of attributes as laid out in this regulation. In this context, Member States should also reach agreement on common elements of a business model and fee structure of the European Digital Identity Wallets, to facilitate take up, in particular by small and medium sized companies in a cross-border context. The content of the toolbox should evolve in parallel with and reflect the outcome of the discussion and process of adoption of the European Digital Identity Framework. Civil society, such as consumer organisations or academics, and the private sector should be represented and consulted in the Toolbox process. Even after the adoption of the European Digital Identity Framework, the cooperation between the Commission, Member States, civil society and private sector should continue to exist, in order to ensure ongoing and effective coordination and implementation with regard to the common elements of the Toolbox, so that fragmentation and obstacles are regularly minimised, and in order to encourage its cross-border use. _________________ 26 [insert reference once adopted]
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 910/2014
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulations aims at ensuring the proper functioning of the internal market andby providing an adequate level of security of electronic identification means and trust services that are easily accessible and user-friendly and can operate on a cross- border basis. For these purposes, this Regulation:
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 910/2014
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) lays down the conditions for the issuing of European Digital Identity Wallets by Member States and for facilitating their cross-border use.;
Amendment 61 #
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, including related consents, 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 75 #
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 easy, user-friendly, understandable and transparent to and traceable by the user, the necessary legal person identification data and electronic attestation of attributes to authenticate online and offline in order to use online public and private services across the Union;
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 3 – point b a (new)
Article 6a – paragraph 3 – point b a (new)
(b a) manage data they provide to online public and private relying parties through a simple interface in order to be able to change their choice.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point a – subpoint iv
Article 6a – paragraph 4 – point a – subpoint iv
(4) for the user to allow simple and transparent interaction with the European Digital Identity Wallet and display an “EU Digital Identity Wallet Trust Mark”;
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point e a (new)
Article 6a – paragraph 4 – point e a (new)
(e a) enable the user to access and request a copy, in a readable format, of the list of actions, transactions or uses of electronic attestations of attributes or person identification data, that have been authorized by the user.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point e b (new)
Article 6a – paragraph 4 – point e b (new)
(e b) ensure that the user is able to contact support services of the European Digital Identity Wallet at Member State level, which also allows the user to efficiently request revocation or correction of outdated or incorrect data in the Wallet.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 10
Article 6a – paragraph 10
10. The European Digital Identity Wallet shall be made accessible for persons with disabilities in accordance with the accessibility requirements of Annex I to Directive 2019/882, and to persons who experience functional limitations and persons with limited access to digital technologies and taking into account insufficient digital literacy.
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 11
Article 6a – 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, build on international standards, where possible, 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).
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 11 a (new)
Article 6a – paragraph 11 a (new)
11 a. European Digital Identity Wallets shall be made available to citizens in a manner which is accessible from standard devices and shall not be exclusively destined for the most advanced operating systems and the most up to date technologies. The Wallet should be easily accessible for all citizens who want to rely on it, to be further established by the Toolbox based on affordability, accessibility, safety, proportionality and non-discrimination. The use of European Digital Identity Wallets should not be compulsory for accessing public services. Member States should offer alternative and non-discriminatory solutions for citizens that do not wish to use European Digital Identity Wallets to access public services.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation 910/2014
Article 10 b (new)
Article 10 b (new)
1 a. 10 b.Single Point of Contact The user of the European Digital Identity Wallet shall have a single point of contact at Member State level, which also allows the user to report an infringement or security breach or to efficiently request revocation or correction of outdated or incorrect data in the Wallet.
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12b – paragraph 1
Article 12b – paragraph 1
1. Where Member States require an electronic identification using an electronic identification means and authentication under national law or by administrative practice to access an online service provided by a public sector body, they shall also accept European Digital Identity Wallets issued in compliance with this Regulation and they will also clearly communicate such acceptance to potential users of the service.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12b – paragraph 2
Article 12b – paragraph 2
2. Where private relying parties providing services are required by national or Union law, to use strong user authentication for online identification, or where strong user authentication is required by contractual obligation, including in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications, private relying parties shall also accept the use of European Digital Identity Wallets issued in accordance with Article 6a and they will also clearly communicate such acceptance to potential users of the service.
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12b – paragraph 3
Article 12b – 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, though not exclusively, 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. These very large online platforms will clearly communicate the acceptance of this possibility to potential users of the service.
Amendment 151 #
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 disabilities in accordance with the accessibility requirements of Annex I of Directive 2019/882 on the accessibility requirements for products and services, , and to persons who experience functional limitations, such as elderly persons, and persons with limited access to digital technologies.;
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Article 1 – paragraph 1 – point 21 – point b
Regulation 910/2014
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Supervisory bodies shall cooperate with a view to exchanging good practice and information and providing mutual assistance regarding the provision of trust services with the aim to encourage the uptake of the Digital Identity Wallet and avoid fragmentation and barriers.;