Introduction to eIDAS

eIDAS and the Digital Single Market

The development of a Digital Single Market (DSM) for EU Member States is among the European Commission’s 10 priorities for the period 2015-2019. In short, it’s about: “Bringing down barriers to unlock online opportunities”. (1) The eIDAS (electronic IDentification, Authentication and trust Services) regulation is a crucial support to this initiative by providing a clear legal framework for the formalisation of a wide range of digital transactions.

Specifically, eIDAS is an EU regulation on electronic identification and trust services for electronic transactions that applies as law within the whole of the EU.

Trust services include electronic signatures, electronic seals, time stamps, electronic delivery service and website authentication, and, together with eID, these elements are essential for the establishment of legal certainty, trust and security in electronic transactions. (2)

EU trust services legislation

The Electronic Signatures Directive 1999/93/EC, passed in 1999, established the first legislation governing the use of electronic signatures in electronic contracts within the EU. The eIDAS Regulation, which came into effect in 2016, was developed to address the shortcomings of the 1999 directive and expand its scope in a number of important ways. 

The goal of eIDAS has been to support the development of a Digital Single Market (DSM) for EU Member States, which was among the European Commission’s 10 priorities for the period 2015-2019. eIDAS, therefore, is designed to facilitate the smooth flow of commerce in the EU through transparency, security, technical neutrality, cooperation and interoperability.

In 2024, the European Parliament and the Council of the European Union approved the European Digital Identity Regulation. Regulation (EU) 2024/1183, also known as eIDAS 2, was driven by the recognition that the initial eIDAS legislation of 2016 had fallen short of achieving its goals. As its name suggests, strengthening and expanding the use of digital identities is a major aim of the new regulation. In 2026, when the regulation is fully implemented, each member state will be required to make a European Digital Identity Wallet (EDIW) available to its citizens and accept wallets from other member states.

Framework

The electronic IDentification, Authentication and trust Services (eIDAS) Regulation is an EU regulation on electronic identification and trust services for electronic transactions that applies as law within the whole of the EU. Its purpose: “Bringing down barriers to unlock online opportunities.” (3)

In short, eIDAS provides a clear legal framework for the formalisation of a wide range of digital transactions by:

• Standardising the use of electronic identification (eID)
• Defining a new class of “electronic trust services” (eTS)
• Clarifying and ensures the legal validity of electronic signatures
• Creating a European internal market within the EU for electronic trust services.

 

eIDAS milestones

1999 – Electronic Signatures Directive

2014 – eIDAS Regulation passed by European Parliament 

2016 – eIDAS takes effect: repeals and replaces Electronic Signatures Directive

2024 – European Digital Identity Regulation (eIDAS 2) approved by European Parliament and the Council of the European Union. In May eIDAS 2 takes effect, amending eIDAS 1.

2026 – European Digital Identity Wallet (EDIW) available to all EU citizens 

2027 – From May 2027, the private sector must accept identification and trust services trough the EUDI Wallet.