eIDAS Regulation, Article 5b: Duties of European Digital Identity Wallet Relying Parties
Regulation (EU) No 910/2014, Article 5b
In force since .
An identity reliance rule binding public and private bodies.
- Obligation class
- Licensing, Disclosure
As of .
What it requires
- If you intend to rely upon European Digital Identity Wallets to provide a public or private service by means of digital interaction, register in the Member State where you are established (Art. 5b(1)).
- Provide at least the Member State where you are established, your name and, where applicable, your registration number as stated in an official record with the identification data of that record, your contact details, and the intended use of wallets, including an indication of the data you will request from users (Art. 5b(2)).
- Request no data from users other than the data you indicated in your registration as part of the intended use (Art. 5b(2), point (c), and Art. 5b(3)).
- Inform the Member State without delay of any change to the information you provided in your registration (Art. 5b(6)).
- Identify yourself to the user (Art. 5b(8)).
- Carry out the procedure for authenticating and validating the person identification data and electronic attestations of attributes you request from a wallet (Art. 5b(9)).
- Do not refuse the use of pseudonyms where Union or national law does not require identification of the user (Art. 5b(9)).
- If you act as an intermediary on behalf of a relying party, you are deemed a relying party and must not store data about the content of the transaction (Art. 5b(10)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The supervisory body each Member State designates under Article 46a of Regulation (EU) No 910/2014, whose tasks include suspending or canceling the registration and inclusion of relying parties in the Article 5b(7) mechanism in the case of illegal or fraudulent use of the European Digital Identity Wallet (Article 46a(4), point (f)).
What this law does
Article 5b(1) of Regulation (EU) No 910/2014, as inserted by Regulation (EU) 2024/1183, requires a relying party that intends to rely upon European Digital Identity Wallets for the provision of public or private services by means of digital interaction to register in the Member State where it is established. A relying party is a natural or legal person that relies upon electronic identification, European Digital Identity Wallets or other electronic identification means, or upon a trust service.
The registration must state at least the information necessary to authenticate to wallets, the relying party's contact details and the intended use of wallets, including an indication of the data to be requested from users. Article 5b(3) provides that relying parties shall not request users to provide any data other than that indicated in the registration pursuant to Article 5b(2), point (c).
Relying parties registered under Article 5b must inform Member States without delay about any changes to the information provided in the registration. Where relying parties intend to rely upon European Digital Identity Wallets, they must identify themselves to the user. Relying parties are responsible for carrying out the procedure for authenticating and validating the person identification data and electronic attestation of attributes requested from wallets.
Relying parties must not refuse the use of pseudonyms where the identification of the user is not required by Union or national law. Intermediaries acting on behalf of relying parties are deemed to be relying parties and must not store data about the content of the transaction. Article 5b(4) provides that paragraphs 1 and 2 of Article 5b are without prejudice to Union or national law applicable to the provision of specific services.
Article 5a(1) requires each Member State to provide at least one European Digital Identity Wallet within 24 months of the date of entry into force of the implementing acts referred to in Article 5a(23) and Article 5c(6). Article 5b(11) provides for implementing acts on the technical specifications and procedures for the requirements in Article 5b(2), (5) and (6) to (9). Implementing Regulation (EU) 2025/848 applies from . Article 16(1) leaves the penalties for infringements of the Regulation to the Member States.
When LexLint raises it
When your app profile says your app relies on a digital identity.