Amendments to the Electronic Identification Act (EIA)

In force since 21.11.2016

Promulgated in State Gazette, Issue 38 of 20 May 2016; amended SG Issue 50 of 1 July 2016; amended and supplemented SG Issue 101 of 20 December 2016; amended SG Issue 97 of 5 December 2017; amended SG Issue 14 of 13 February 2018; amended SG Issue 1 of 3 January 2019; amended SG Issue 58 of 23 July 2019; amended SG Issue 94 of 29 November 2019.

1. Article 1 is amended as follows:

“Art. 1. This Act regulates the public relations related to the electronic identification of individuals.”

2. A new Article 1a is added:

“Means of Electronic Identification

Art. 1a. Electronic identification of individuals shall be carried out through:

• the state electronic identification scheme established by this Act;
• private electronic identification schemes;
• an electronic identification scheme of a Member State of the European Union that has been notified in accordance with Article 9(1) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ, L 257/73 of 28 August 2014), hereinafter referred to as Regulation (EU) 910/2014.”

3. A new Article 1b is added:

“Personal Appearance

Art. 1b. Where a law requires personal appearance for identification of individuals, this requirement shall be deemed fulfilled if carried out through electronic identification.”

4. A new Chapter One “a” is added:

“Chapter One ‘a’
State Electronic Identification Scheme”

5. A new Chapter Five “a” is added:

“Chapter Five ‘a’
Private Electronic Identification Schemes

Providers

Art. 28a.
(1) Private electronic identification schemes may be created by providers of qualified trust services, based on an electronic identification trust service entered in the trusted list under Article 22(1) of Regulation (EU) No 910/2014 by the Communications Regulation Commission.

(2) The electronic identification means used in private schemes must be capable of integration with the Unified Portal for Electronic Governance, developed and maintained by the State e-Government Agency, and with the information systems for providing electronic administrative services by state authorities.

(3) The persons under paragraph 1 shall specify the electronic identification means and publish them on their official website or through another publicly accessible method.

Notification Request under Article 9 of Regulation (EU) No 910/2014

Art. 28b.
(1) A person under Art. 28a(1) may request the Chairperson of the State e-Government Agency to notify the European Commission under Article 9(1) of Regulation (EU) No 910/2014, provided that:

• the trust service used for electronic identification is included in the register under Article 22(1) of Regulation (EU) No 910/2014;
• the provider and the identification means comply with Articles 7 and 8 of Regulation (EU) No 910/2014;
• the electronic identification service meets the “high” level of assurance under Commission Implementing Regulation (EU) 2015/1502 of 8 September 2015;
• the requirements of Art. 28a(2) are met.

(2) Compliance with paragraph 1, item 3 shall be proven by a conformity assessment report issued by an assessment body under Regulation (EU) No 910/2014.

6. Amendment to Article 25(1):

A second sentence is added:
“When identification for the purposes of authorization is performed through private electronic identification schemes, the register shall be maintained by the person under Art. 28a(1).”

7. Amendment to Article 35:

The existing provision becomes paragraph 1, and a new paragraph 2 is added:
“(2) Control over the persons under Art. 28a(1) shall be exercised by the Communications Regulation Commission in accordance with the Electronic Document and Electronic Trust Services Act.”

8. Article 41 is amended as follows:

Art. 41.
(1) The Chairperson of the State e-Government Agency shall notify the European Commission of the circumstances under Articles 9 and 10 of Regulation (EU) No 910/2014.

(2) The notification shall be carried out within one month from the request under Art. 28b or from the commissioning of the state scheme.

(3) The costs for notifying a private scheme and the peer review under Regulation (EU) No 910/2014 shall be borne by the persons under Art. 28b(1), who shall also participate in the notification procedure.