Electronic identification and digital mail services
Draft on authorisation systems for electronic identification services and for digital mail
On 9 February 2023, the Government referred a proposal to the Council on Legislation for consideration with a draft act on authorisation systems for electronic identification and for digital mail. The proposal referred to the Council on Legislation for consideration proposes that systems of choice under the Act on Systems of Choice related to Services for Electronic Identification (2013:311) should be replaced by authorisation systems for such services. Several of the provisions of the existing act are transferred unchanged to the new act, or with only editorial or linguistic amendments, that do not entail any substantive change. Some rules of procedure and supervision are not transferred to the new act.
- It is proposed that an authority should provide authorisation schemes for electronic identification services and for digital mail.
- The providing authority shall decide on the approval of applications for membership with an authorisation system for all suppliers meeting the requirements for such approval and may, under certain conditions, decide not to approve such an application.
- Once the providing authority has approved an application for membership of an authorisation system, the authority shall enter into a contract with the provider as soon as possible for the provision of the service.
- The providing authority shall treat providers in an equal and non-discriminatory manner. When applying the new law, the authority shall follow the principles of transparency, mutual recognition and proportionality.
- Public operators will be allowed to use the services in the authorisation systems for their digital services.
- It is proposed that the public sector be expanded. At present, the Act on Systems of Choice related to Services for Electronic Identification applies only to contracting authorities. It is proposed to include other operators engaged in wholly or partly publicly funded activities.
- The Government, or the authority designated by the Government, may issue regulations on the requirements that must be met for an application for membership with an authorisation system to be approved.
- The Government, or the authority designated by the Government, may issue regulations on the obligation for public operators to pay a fee for the use of services within an authorisation system.
- It introduces an obligation for a government authority requiring the electronic identification of individuals to allow access to its digital services to use the electronic identification services provided by providers in an authorisation system. Certain authorities are granted derogations from this requirement.