Legislation

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Legislation

The legal basis of digital trust

From eIDAS to eIDAS 2.0 — the legal framework that gives legal value to signatures, seals and electronic identity throughout the European Union.

2014

EIDAS

Reg. (EU) 910/2014

2024

eIDAS 2.0

Reg. (EU) 2024/1183

27

Member States

covered

QTSP

DigitalSign

accredited in Portugal

eIDAS Regulation

The legal framework of EU trust and electronic identification services is based on Regulation (EU) No 910/2014. It therefore defines a harmonised legal regime, directly applicable in all Member States. Member States.
 
In addition, it aims to ensure the trust, legal certainty and cross-border interoperability of electronic transactions, thus ensuring that means of identification and trust services are recognised throughout the European Union.
Fundamental principles
1

Direct and uniform application in all Member States without any need for transposition.

2

Full legal recognition of electronic documents and therefore cannot be refused because they are digital.

3

Legal regime for qualified trust services: signatures, stamps, time stamps, validation and preservation.

4

Enhanced legal validity of qualified signatures treated as handwritten signatures.

5

Creation and maintenance of Trust Lists (Trusted Lists) that identify QTSP.

Changes eIDAS 2.0

2014

eIDAS Regulation

Harmonised legal regime for EU identification and trust services.

2021

Decree-Law 12/2021

National implementation in Portugal and probative value of qualified signature.

2024

eIDAS 2.0

EUDI Wallet, new qualified services and user sovereignty.

In the context of the digital transformation of the internal market, the legal framework evolves through the initiative eIDAS 2.0, which introduces structural updates aimed at strengthening European digital identity, user sovereignty and the expansion of qualified trust services.

Protection of personal data

Strengthening the data security, privacy and control principles of the data subject in conjunction with the GDPR.

European Wallet

Creation of the European Digital Identity Card to securely store, manage and share credentials and attributes.

Identity Ecosystem

Interoperable digital identity ecosystem at EU level, enabling cross-border public and private services.

Attribute Certificates

Qualified electronic certificates of attributes, to certify qualifications, rights or characteristics of persons.

In this sense, among the new qualified trust services introduced or reinforced are:

The qualified electronic file service, ensuring the integrity, authenticity and preservation of electronic documents over time;

As well as qualified electronic ledger, based on distributed registration, ensuring immutability, traceability and chronological order of records.

Decree-Law No 12/2021 of 9 February

In turn, in the national legal system, the EIDAS Regulation is complemented by Decree-Law No 12/2021, of 9 February, which ensures its execution. It therefore provides that electronic documents signed with a qualified electronic signature have a probative value equivalent to that of handwritten signatures under the Portuguese Civil Code.

Catalog Services

The table below summarizes, therefore, the complete catalogue of qualified trust services of eIDAS 2.0. Green services are currently provided by DigitalSign — Digital Certificate, S.A., QTSP accredited in Portugal.

Trust Services EIDAS 2.0 Qualified

Green marked services are provided by DigitalSign (QTSP accredited in Portugal)

Signature, Seal and Authentication
Contributed
Trusted List

Legal equivalent of handwritten signature (QES)

YES

Trusted List

Authentication of documents issued by legal persons and public bodies

YES

Trusted List

3. Certificate qualified for authentication of websites

Verifiable proof of the identity of the operator of an electronic site (QWAC)

-

-

Time, validation and preservation
Contributed
Trusted List

Verifiable data linkage at an accurate time point (QTS)

YES

Trusted List

Attests with legal validity the authenticity and integrity of signatures

YES

Trusted List

Maintains legal validity against certificate expiration and cryptographic obsolescence

YES

Trusted List

New services eIDAS 2.0 (Reg. (EU) 2024/1183)
Contributed
Trusted List
1. Qualified electronic file

Long-term storage with presumption of integrity and authenticity of origin

-

-

2. Qualified registered electronic delivery

Qualified proof of dispatch, reception and integrity — digital equivalent of registered letter

-

-

3. Qualified electronic attribution test (EAQ)

Verifiable proof of professional qualifications, powers of representation and authorisations

YES

Trusted List

4. European Digital Identity Card (EUDI Wallet)

Portable repository of verifiable credentials with granular control by the holder

-

-

Label

It represents the qualified service provided by DigitalSign: the name of the service refers to a page of this site; "Trusted List" refers to the official entry in the EU trust list.

Refer to qualified service provided in eIDAS 2.0, but not yet provided by DigitalSign.

List DigitalSign (PT, TSP 7)

Source: Regulation (EU) 2024/1183 (eIDAS 2.0); EU Trusted List Browser; DigitalSign QTSP certification (renewal of September 26, 2025). Self-elaboration.

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