Identity cards, e-identification, electronic signature

Second Ordinance amending the Ordinance on identity cards and electronic identification

The identity card and electronic residence permit introduced in 2010 come with an electronic identification function (the ‘eID function’). This function allows identity card holders to securely verify their identity online vis-à-vis authorities and companies. This prevents identity theft and fraud on the Internet, while simultaneously assuring the highest level of data security and protection. Practical examples include applying for a driving licence or taking out insurance cover via the internet. To date, the use and prevalence of the eID function have failed to live up to expectations. For this reason, the Bundestag passed the Act promoting electronic proof of identity in May 2017. Said act, ratified by the Bundesrat, removes a number of legal obstacles which prevented the eID function from being more widely used. This involved, for example, substantially simplifying the conditions for issuing an authorisation to use the eID function. Furthermore, the act creates new potential applications for the electronic identity card, in particular reading ID card data on site in person (§§ 18a and 21a of the Act on identity cards and electronic identification [Personalausweisgesetz – PAuswG]) and the possibility to offer the online identification function to other companies or authorities as an identification service (§§ 2(3a), 19a and 21b PAuswG). The new legal provisions now mean that an adjustment of the Ordinance on identity cards and electronic identification is necessary.