Since 1 July 2016 Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) has been in effect in all member states, creating a standard framework for the cross-border use of electronic means of identification and trust services.

For detailed information about the eIDAS Regulation and the completed notification of the eID function and the electronic residence permit, please click here.

As a result of the Regulation, a qualified electronic signature created by a citizen in one EU member state has the same legal effect in all other member states as a written signature. This means that, for the first time, legally binding cross-border electronic communication is possible across Europe.

Card-based signatures

So far signature cards have been used to create qualified electronic signatures. The procedure’s security is ensured through the signature card and two-factor authentication when creating the signature: The private key on the signature card is protected from unauthorised access and can be used only with the authentication factors of knowledge (PIN) and possession (signature card).

Remote signatures

The eIDAS Regulation makes it possible for the first time to use remote signatures in Germany.

With the remote signature, a signature card is no longer needed to create a qualified electronic signature because a qualified trust service provider creates the signature on behalf of the signatory.

The advantage of this new procedure is that no additional technical equipment (signature card, card reader) is needed to create a qualified electronic signature. Instead, signatories must securely prove their identity to the trust service provider.

Before the remote signature can be created, the signatory must securely verify their identity with the trust service provider. One quick and secure method of identification for this is the government-issued eID function. 

There are various trust service providers offering identification using the eID function for a qualified remote signature. The qualified remote signature is used in both business and private contexts.

Comin soon: Signatures with EUDI Wallets

In line with the amended eIDAS Regulation, European Digital Identity Wallets (EUDI Wallets) are to be introduced across all EU member states by 2027. These digital wallets will provide citizens – as well as businesses and other organisations – with a secure electronic means of proving their identity to authorities and businesses. It will be possible to use the digital wallets for various purposes, such as administering and submitting electronic certificates or creating qualified electronic signatures (QES).  

Citizens – as well as businesses and other organisations – will be able to store their digital identity in their digital wallet and carry out a QES directly from the wallet without needing to register with a trust service provider. Digital wallets will make it possible for users to save their private key securely and to carry out the signature process without any additional technical resources, such as a card reader or signature card. Users will thus be equipped with a legally binding signature which they can use quickly and easily at any time. For citizens, this service will be provided free of charge. 

As is the case with current signature procedures, signatures created with the EUDI Wallet will comply with the eIDAS Regulation and fulfil all the legal and security requirements of a qualified electronic signature.

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