# 1.8 eIDAS Compliance

The eIDAS directive (Electronic Identification, Authentication and Trust Services) is an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market.

The eIDAS org oversees electronic identification and trust services for electronic transactions in the European Union's internal market. It regulates electronic signatures, electronic transactions, involved bodies, and their embedding processes to provide a safe way for users to conduct business online like electronic funds transfer or transactions with public services. Both the signatory and the recipient can have more convenience and security. Instead of relying on traditional methods, such as mail or facsimile, or appearing in person to submit paper-based documents, they may now perform transactions across borders.

The intent of eIDAS is to drive innovation. By adhering to the guidelines set for technology under eIDAS, organisations are pushed towards using higher levels of information security and innovation. Additionally, eIDAS focuses on the following:

  • Interoperability: Member states are required to create a common framework that will recognize eIDs from other member states and ensure its authenticity and security. That makes it easy for users to conduct business across borders.

  • Transparency: eIDAS provides a clear and accessible list of trusted services that may be used within the centralised signing framework. That allows security stakeholders the ability to engage in dialogue about the best technologies and tools for securing digital signatures.

According to Article 25.1 of the eIDAS Regulation, a standard electronic signature may not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures. Although the EU member states remain free to define the legal effects of standard electronic signatures, the effect of Article 25.1 is that they are not allowed to draft or maintain legislation nor to endorse or authorise national rules with a view to reject the use of electronic signing tools solely because of their electronic format or non-qualified nature.

The fact that a standard electronic signature may not be denied legal effect and admissibility as evidence based on certain technical characteristics however does not mean that it would receive the same legal treatment as a handwritten signature. That will only be the case if set out in specific laws. Neither does it affect national rules regarding the free consideration of evidence by courts.