In the current context of digital transformation, the question that defines the present and immediate future of digitization and digital identification is: What are the differences between the eIDAS Regulation and eIDAS 2?
This year, Regulation (EU) 2024/1883 will enter a new phase and become mandatory, even though it entered into force two years ago. With this update, we will move beyond a model based purely on electronic signatures to embrace a comprehensive digital identity ecosystem.
However, this climate of transformation is not merely a passing trend. It stems from a post-pandemic context characterized by an unprecedented acceleration of digitization, which has driven a new way of working and interacting.
For this reason, we have written an article analyzing the differences between the eIDAS Regulation and eIDAS 2, the key changes, and how these affect citizens and businesses.
What Is the Original eIDAS Regulation?
The eIDAS Regulation (EU) No. 910/2014 is the pioneering legal framework in the European Union that regulates electronic transactions and trust services. Although it was enacted in 2014, its full implementation began in 2016.
It was created with the aim of addressing two major needs:
- To ensure cross-border online access to EU public services
- To create a single European market for trust services, ensuring that they have the same legal validity as traditional paper-based processes
What are trust services?
They are electronic services that authenticate, verify, and ensure the identity of individuals in electronic transactions, both in the public and private sectors. The regulation primarily governs:
- Time stamps
- Digital certificates
- Electronic signatures and seals
- Certified electronic delivery services
- Website authentication
Recognized forms of electronic documentation
The eIDAS Regulation recognizes three different levels of electronic signatures:
- Simple electronic signature: This is considered the most basic of the three. It consists of data in electronic format that has been separated from other data—whether electronic or associated with it—and is used by the signatory to sign.
- Advanced electronic signature: It uniquely links the signatory and allows for their identification; it is created under the signatory’s exclusive control and is capable of detecting any subsequent modification to the document (e.g., OTP codes via SMS or email).
- Qualified electronic signature: An advanced electronic signature created using a qualified device and based on a qualified certificate. Legally, it is 100% equivalent to a handwritten signature and is recognized in all EU member states.
- Legal Effects of Electronic Signatures Under the eIDAS Regulation
Article 25 of this legal framework establishes the legal effects of electronic signatures:
- “An electronic signature shall not be denied legal effect or admissibility as evidence in legal proceedings merely because it is an electronic signature or because it does not meet the requirements for a qualified electronic signature”;
- “A qualified electronic signature shall have legal effect equivalent to that of a handwritten signature”;
- “A qualified electronic signature based on a qualified certificate issued in one Member State shall be recognized as a qualified electronic signature in all other Member States.”
What is the eIDAS 2 Regulation, and why is it a milestone for the EU?
The major innovation of eIDAS 2 is the creation of the European Digital Identity (EUDI) Wallet. This is a free, voluntary mobile app provided by each Member State that will allow citizens to:
- Securely store their national digital identity
- Link other personal attributes such as driver’s licenses, academic credentials, medical prescriptions, or bank accounts
- Operate under the Sovereign Identity model, where users have full control over which specific data they share with third parties (and with whom), avoiding the unnecessary sharing of their full identity
It is expected that by the end of 2026, all Member States will be required to provide at least one operational version of this digital wallet.
Differences: eIDAS Regulation vs. eIDAS 2
The transition from the original eIDAS to the 2024 update represents a shift in digital architecture. While the former focused on securing transactions, eIDAS 2 focuses on citizen control:
| Area of change | eIDAS Regulation (2014) | eIDAS 2 Regulation (2024) |
| Government adoption | Voluntary: Member States were free to choose whether or not to notify their electronic identity systems | All EU contries must provide their citizens with a Digital Identity Wallet |
| Scope of Application | Primarily public administration and bureaucratic procedures | Mandatory extension to the private sector and large-scale strategic sectors |
| Identification | Valides only basic identity data | Introduces the Electronic Attribute Attestation (EAA) –> sharing proof of age, for example |
| Accessibility | Obtaining qualified signatures often involved complex processes or costs | Free model for individuals through the Digital Wallet |
Impact on Businesses and the Private Sector
Under eIDAS 2, certain strategic sectors will be required to comply with the regulations and accept the EUDI Wallet as a method of authentication and identification. This requirement will primarily affect companies operating in any of the following areas:
- Large digital platforms: those designated as “gatekeepers” under the Digital Markets Act.
- Financial services and banking: for account opening processes and compliance with KYC (Know Your Customer) regulations.
- Essential utilities: energy, water, telecommunications, and transportation.
- Transportation and telecommunications: particularly with regard to service contracting and user verification.
- Education and healthcare: in the management of academic credentials and medical prescriptions.
In short, companies will have new obligations (acceptance of identification methods, video calls, qualified archiving, and attribute validation). However, this will also result in greater interoperability and a more seamless user experience.
New Business Opportunities to Consider
Although some sectors are not strictly required to comply with the regulation, eIDAS 2 offers a wide range of benefits that may be worth considering.
- Reduced risk of identity fraud: By using “high” security levels guaranteed by Member States, the risk of identity theft in digital transactions is reduced.
- Streamlined onboarding: New customer registration is instantaneous. Users no longer need to scan their ID or upload photos of their documents. A simple authorization within their digital wallet will verify their information.
- Elimination of data silos: Since this is a European standard, companies can expand into other EU countries without having to integrate different identification systems for each market.
eIDAS and eIDAS 2 regulations combined into a single digital ecosystem
The European digital ecosystem is definitively moving toward an integrated, secure model centered on user privacy by 2026.
Remember: all Viafirma’s digital solutions strictly comply with international regulations. For over 25 years, we’ve been helping companies of all sizes and across all sectors make the leap to paperless management, with full legal validity.
So you don’t miss a thing, every week we bring you news and updates about the sector and trust services. Follow us on LinkedIn, Instagram or TikTok and don’t miss a thing!
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