Establishment of European Business Wallets
The Committee on Industry, Research and Energy adopted the report by Eero HEINÄLUOMA (S&D, FI) on the proposal for a regulation of the European Parliament and of the Council on the establishment of European Business Wallets.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
The proposed regulation enables secure digital identification and authentication, data sharing and legally valid notifications, reduces administrative burdens and compliance costs, and supports cross-border business and competitiveness. It establishes, inter alia, a secure framework for the provision of European Business Wallets and provides a framework for the recognition of third-country systems similar to the European Business Wallets which offer the same level of security, trust and digital standards as European Business Wallets, and the issuance of European Business Wallets to third country economic operators.
It should also be added that to ensure that digital services are user-friendly and accessible, European Business Wallet providers should ensure that their services are accessible for persons with disabilities.
Principle of equivalence
Where a European Business Wallet owner or an authorised representative makes use of any of the core functionalities of a European Business Wallet, the resulting action should have the same legal effect as if the action had been lawfully carried out in person, in paper form, or via any other means or processes that would be deemed compliant with applicable legal, administrative, or procedural requirements.
Core functionalities of European Business Wallets
Providers of European Business Wallets should ensure that the storage and processing of data associated with European Business Wallets takes place on infrastructure located within the Union and subject to Union law. Competent supervisory authorities within the Union should be able to exercise effective oversight and enforcement in accordance with this Regulation.
European Business Wallet providers shall only use providers of qualified electronic registered delivery services and cloud computing service providers that comply with the requirements set out in the first subparagraph. Those providers should ensure that European Business Wallet data are stored, processed and transferred exclusively within the Union.
The data generated by using European Business Wallets should not be used to train or fine-tune any AI system operated by a third country or a legal entity established in a third country.
Providers of European Business Wallets should comply with the applicable cybersecurity requirements laid down in Union and national law, including those relating to the identification of high-risk suppliers.
Unique identifiers
To ensure the effective functioning and widespread use of European Business Wallets, Member States should ensure that all requests for a unique identifier by economic operators and public sector bodies established in their territory are carried out without undue delay. Member States should ensure that unique identifiers are assigned automatically at the time of registration of a new company or other legal entity in a national register.
European Digital Directory
In order to ensure the efficient, secure, and transparent functioning of the European Business Wallet framework, it is necessary to establish a European Digital Directory, that includes personal data of economic operators. The Commission should be empowered to set up and maintain this Directory, as a trusted source of information on economic operators and public sector bodies using European Business Wallets.
The Commission should ensure that the information is included in the European Digital Directory in a secure manner and in accordance with the relevant data protection principles.
Governance and supervision
Member States should ensure the effective governance and supervision of providers of European Business Wallets. Each Member State should designate a supervisory body for the purposes of this Regulation. The Commission should publish a list of the notified supervisory bodies.
Business wallets and other similar instruments and frameworks offered in third countries
In order to ensure legal certainty, preserve a high level of trust and guarantee uniform conditions for the implementation of the recognition and interoperability of business wallets or similar solutions and framework from like-minded third countries and to support and promote partnerships and cooperation, implementing powers should be conferred on the Commission to set the conditions under which such similar solutions or framework benefit from the provisions of this Regulation.
Before providing a European digital identity wallet for businesses to an economic operator established outside the Union, the relevant providers must ensure that the conditions for verifying the economic operator's identity are met. Furthermore, they must verify that third-country economic operators are not engaged in activities contrary to the security of the Union, including violations of Union restrictive measures or involvement in money laundering or terrorist financing.
Evaluation and review
The Commission should review the application of this Regulation and should, by 3 years after entry into force, submit a report to the European Parliament and to the Council. The report should evaluate the effectiveness of the provisions of this Regulation with regard to facilitating the submission of electronic documents and electronic attestations to public sector bodies, the overall uptake and usage of the European Business Wallets within B2G and B2B interactions, as well as technological, market, and legal developments. It should also assess whether this Regulation has generated direct savings, in particular for small and medium-sized enterprises and smaller public sector bodies, as well as indirect benefits for the wider Union economy and society.