13 Amendments of Daniel BUDA related to 2021/0136(COD)
Amendment 59 #
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, extend its benefits to the private sector and to all citizens and promote trusted digital identities for all Europeans, in compliance with EU values. _________________ 16 COM/(2020/) 67 final
Amendment 62 #
Proposal for a regulation
Recital 4
Recital 4
(4) A more harmonised approach to digital identification 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 and uniform way across the Union. Everyone should be able to securely access public and private services relying on an harmonised and improved ecosystem for trust services and on verified proofs of identity and attestations of attributes, such as a university degree legally recognised and accepted everywhere in the Union. 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 level. Providers of electronic attestations of attributes should benefit from an accessible, harmonised, clear and uniform set of rules and public administrations should be able to rely on electronic documents in a givenunanimously accepted format.
Amendment 63 #
Proposal for a regulation
Recital 5
Recital 5
(5) To support innovation and the competitiveness of European businesses at international level also, online service providers should be able to rely on digital identity solutions recognised across the Union, irrespective of the Member State in which they have been issued, thus benefiting from a harmonised European approach to trust, security, uniformity and interoperability. Users and service providers alike should be able to benefit from the same legal value provided to electronic attestations of attributes across the Union, thereby strengthening the overall regulatory and supervisory framework for trust service provision.
Amendment 75 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve a high level of security, trust, accessibility and trustworthiness, this Regulation establishes the requirements for European Digital Identity Wallets. The conformity of European Digital Identity Wallets with those requirements should be certified by accredited public or private sector bodies designated by Member States. Relying on a certification scheme based on the availability of commonly agreed standards with Member States should ensure a high level of trust, security, accessibility and interoperability. Certification should in particular rely on the relevant European cybersecurity certifications schemes established pursuant to Regulation (EU) 2019/88120. Such certification should be without prejudice to certification as regards personal data processing pursuant to Regulation (EC) 2016/679 _________________ 20 Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act), (OJ L 151, 7.6.2019, p. 15).
Amendment 82 #
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure that the European Digital Identity framework is genuinely facilitating the transition of the Union to a digital single market and is open to innovation, technological development and future- proof, especially regarding security, Member States should be encouraged to set-up jointly safe sandboxes to test innovative solutions in a controlled and secure environment in particular to improve the functionality, effective protection of personal data, security and interoperability of the solutions and to inform future updates of technical references and legal requirements. This environment should foster the inclusion of European Small and Medium Enterprises, start-ups and individual innovators and researchers, without subjecting them to additional administrative and financial burdens.
Amendment 93 #
Proposal for a regulation
Recital 20
Recital 20
(20) The provision and use of trust services are becoming increasingly important for international trade, competitiveness, innovation, security 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 sets 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.
Amendment 94 #
Proposal for a regulation
Recital 26
Recital 26
(26) It should be possible to issue and handle trustworthy digital attributes and contribute to reducing administrative burden, empowering citizens and other residents to use them in their private and public transactions under conditions of optimum security. Citizens and other residents should be able, for instance, to demonstrate ownership of a valid driving license issued by an authority in one Member State, which can be verified and relied upon by the relevant authorities in other Member States, to rely on their social security credentials or on future digital travel documents in a cross border context.
Amendment 108 #
Proposal for a regulation
Recital 34
Recital 34
(34) Qualified electronic ledgers record data in a manner that ensures the security, uniqueness, authenticity and correct sequencing of data entries in a tamper proof manner. An electronic ledger combines the effect of time stamping of data with certainty about the data originator similar to e-signing and has the additional benefit of enabling more decentralised governance models that are suitable for multi-party co-operations. At the same time, it helps companies reduce costs by making multiparty coordination more efficient and secure, while facilitating regulatory supervision. For example, it creates a reliable audit trail for the provenance of commodities in cross- border trade, supports the protection of intellectual property rights, enables flexibility markets in electricity, provides the basis for advanced solutions for self- sovereign identity and supports more efficient and transformative public services. To prevent fragmentation of the internal market with the concomitant risk of Member States adopting divergent national standards, it is important to define a pan-European legal framework that allows for the cross-border recognition of trust services for the recording of data in electronic ledgers, while ensuring full compliance with personal data protection provisions currently in force.
Amendment 114 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Given that the objectives of this Regulation cannot be satisfactorily achieved by the Member States and that an undertaking on this scale can be tackled more effectively by the Union, the latter may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In line with the principle of proportionality as set out in the above article, this regulation is proportionate to the objectives sought, providing an appropriate instrument for establishing the necessary interoperability structure for the creation of an EU Digital Identity ecosystem building on legal identities issued by Member States and on the provision of qualified and non-qualified digital identity attributes. It provides a clear contribution to the objective of improving the Digital Single Market through a more harmonised legal framework.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 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, facilitating transition to a digital single market and providing an adequate level of security of electronic identification means and trust services. For these purposes, this Regulation:
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EU) No 910/2014
Article 3 – point 16
Article 3 – point 16
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 3 – point b a (new)
Article 6a – paragraph 3 – point b a (new)
(ba) use qualified electronic seals;
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Article 1 – paragraph 1 – point 21 – point b
Regulation (EU) No 910/2014
Article 18 – paragraph 1
Article 18 – paragraph 1