Page 10

AD ALTA

JOURNAL OF INTERDISCIPLINARY RESEARCH

eIDAS Regulation, three types of assurance level are defined, in
particular:
a)

assurance level low,

assurance level substantial,

assurance level high.

3 Mutual recognition of electronic identification means –
conditions

When an electronic identification using an electronic
identification means and authentication is required under
national law or by administrative practice to access a service
provided by a public sector body online in one Member State,
the electronic identification means issued in another Member
State shall be recognized in the first Member State for the
purposes of cross-border authentication for that service online,
provided that the following three conditions are met.

3.1 The first condition

The first condition for the mutual recognition of the electronic
identification means by other Member States is that electronic
identification means has to be issued under an electronic
identification scheme that is included in the list published by the
European Commission pursuant to Article 9 of the eIDAS
Regulation. In other words, it must be said that the electronic
identification scheme has to be notified under the eIDAS
Regulation.

The process of electronic identification scheme notification is
carried out in several steps. In the first step, the Member State
will provide at least 6 months prior to notification under Article
7 (g) of the eIDAS Regulation the description of the electronic
identification scheme to other Member States and the European
Commission (pre-notification). After that, a peer review of
electronic identification schemes will take place, which can take
up to 3 months.

Such a review shall ensure that the electronic

identification scheme complies with the interoperability
framework and meets the requirements for assurance levels
under the eIDAS Regulation.

Member States can initiate the

review through the Cooperation Network

The peer review

will end with the issue of an official opinion which discusses
whether the electronic identification scheme meets or does not
meet the required standards. If the official opinion is positive,
the notifying Member State will issue a formal notification to the
European Commission. The European Commission is required to
publish the notified electronic identification scheme in the
Official Journal of the European Union within 2 months of
notification. After notification, Member States have pursuant to
Article 6 of the eIDAS Regulation 12 months to start
recognizing electronic identification schemes. A clear overview
of the time frame of the electronic identification scheme
notification process is given in the following table.

Details of the minimum technical specifications, standards and procedures setting out

the assurance levels are regulated by Commission implementing regulation (EU)
2015/1502 of 8 September 2015 on setting out minimum technical specifications and
procedures for assurance levels for electronic identification means pursuant to Article
8(3) of the eIDAS Regulation.

Article 6 of the eIDAS Regulation.

Ibid, Article 12 (6) (a) in connection with Article 2 (b) of Commission implementing

decision (EU) 2015/296 of 24 February 2015 establishing procedural arrangements for
cooperation between Member States on electronic identification pursuant to Article
12(7) of the eIDAS Regulation.

For the interoperability framework that is created for the purpose of interoperability

of national electronic identification schemes see Article 12 of the eIDAS Regulation.

Available at:

https://ec.europa.eu/cefdigital/wiki/display/EIDCOOPNET/eIDAS+Cooperation+Net
work.

More on the issue of the Cooperation Network and peer review in Commission

implementing decision (EU) 2015/296 of 24 February 2015 establishing procedural
arrangements for cooperation between Member States on electronic identification
pursuant to Article 12(7) of the eIDAS Regulation.

Table 1: The time frame of the process of the electronic
identification scheme notification

Source: Own arrangement

The first Member State that provided a description of the
electronic identification scheme was the Federal Republic of
Germany (hereinafter referred to as the “Germany”) on 20
February 2017.

On 28 June 2017, the Cooperation Network

issued an opinion that the documents describing the German
electronic identification scheme (German Electronic Identity
Card) demonstrate the fact that the German electronic
identification scheme qualifies for notification under the eIDAS
Regulation at an assurance level high. In the case of the official
notification and publication of an electronic identification
scheme in the Official Journal of the European Union, citizens of
Germany will be able to authenticate into online services
provided by other Member States.

It is necessary to point out that Member States should not be
obliged to notify their electronic identification schemes to the
European Commission.

The choice to notify the European

Commission of all, some or none of the electronic identification
schemes used at national level to access at least public online
services or specific services is up to Member States.

In the

context of the notification or non-notification the electronic
identification scheme it should be noted that Member States will
be obliged to recognize electronic identification means notified
in accordance with the eIDAS Regulation from September 2018.
In other words, if for example, the citizen of Germany wants to
use the online service provided by the public authorities of the
Slovak Republic and Germany has notified the electronic
identification scheme in accordance with the eIDAS Regulation,
the citizen of Germany has the right to authenticate for the use of
such a service.

3.2 The second condition

The second condition for the mutual recognition of the electronic
identification means by another Member State is to ensure the
assurance level of the electronic identification means (electronic

Available at: https://www.bsi.bund.de/EN/Topics/ElectrIDDocuments/German-

eID/eIDAS-notification/eIDAS_notification_node.html.

Italian Republic also officially pre-notified the national electronic identification

scheme - SPID (Sistema Pubblico per la gestione dell'Identità Digitale). It is the first
national electronic identification scheme to be notified under the eIDAS Regulation
that is led by the private sector. Available at: https://ec.europa.eu/digital-single-
market/en/news/first-private-sector-eid-scheme-pre-notified-italy-under-eidas.
Republic of Croatia is preparing for process of notifying an electronic identification
scheme called NIAS - National Identification and Authentication System in February
2018.

From the point of view of eGovernment evaluation, it is important for the Slovak

Republic that the Slovak electronic identification scheme will be notified.

Preamble (13) of the eIDAS Regulation.

Member States should remain free to use or to introduce means for the purposes of

electronic identification for accessing online services. They should also be able to
decide whether to involve the private sector in the provision of those means.

The time frame of the process of the electronic identification
scheme notification

Providing a description of an electronic identification
scheme to other Member States
Article 7 (g) of the eIDAS Regulation

At least 6 months before the notification

Peer review

May take up to 3 months

Notification of the national electronic identification
scheme to the European Commission
Article 9 of the eIDAS Regulation
Within 2 months of the notification shall be published in
the Official Journal of the European Union

Publication of an electronic identification scheme in the
Official Journal of the European Union
Article 9 (3) of the eIDAS Regulation
Mutual recognition shall commence within 12 months of
publication

The obligation to mutually recognize electronic
identification schemes

- 10 -