The EUDI Wallet: A further step towards the digital transformation of the continent

Notaries are pioneers of digitalisation. They see innovative and disruptive technologies as an opportunity to further improve their public notarial services. At the same time, they ensure the highest standards in terms of preventive administration of justice, data protection and the quality of their legal advice. Against this background, the BNotK not only closely monitors the digital transformation, but also actively participates in shaping it – as has been the case with the introduction of online notarial procedures. Simple, fast and digital solutions at the service of citizens and companies are also being promoted by the European Union. One example is the introduction of the EUDI Wallet (European digital identity wallet) through the amendment of the Electronic Identification, Authentication and Trust Services (eIDAS) Regulation. The regulation is intended to enable the cross-border use of digital identities and associated trusted services, such as digital signing, within the EU.

Digital wallets so far

Already today, e-wallets are widely employed for their ease of use, speed and additional security features such as encryption and biometric authentication. Usually, they are installed as an app on a smartphone and used to store and manage loyalty cards, boarding passes, tickets, digital keys and payment information. Thanks to the NFC (near field communication) technology built into most modern smartphones, digital wallets can also be used for contactless payment or access control.

The EUDI Wallet

If you compare this content with what can be found in your ordinary wallet, you will quickly realise that it would not be sufficient for an appointment with a notary. Important official documents are missing – in particular, the ID card. The introduction of the EUDI Wallet is intended to close this gap. Each EU member state must provide all natural and legal persons with an EUDI Wallet by November 2026 and accept it as a means of digital identification for online services provided by the public sector. In order to do this, the EUDI Wallet must be able to contain certain minimum contents. In particular, this includes a digital proof of identity in the form of so-called person identification data. The identification will thus be possible solely on the basis of information stored digitally and – unlike the electronic function of the classic ID card – without the need for a plastic card to be scanned. The EUDI Wallet can be provided directly by a member state or under its mandate. Furthermore, an EUDI-Wallet can be recognised by a member state after it has been provided independently. Each member state ensures that at least one EUDI Wallet is available free of charge.

As already mentioned, the EUDI Wallet will have to be able to contain a digital means of identification that is designed to facilitate access to public and private online services that require reliable identification. The person and organisation identification data required for this will be issued by trusted bodies, in particular public authorities. If electronic identification and authentication is required to access an online service provided by the public sector, then the respective authority shall also accept the EUDI Wallet. For notarial remote authentication and identification, this should mean that the EUDI Wallet must be accepted as an electronic means of identification. However, this is without prejudice to the two-factor authentication required by the German Notarisation Act, according to which the notary must also obtain certainty about the person of the parties involved by means of an electronically transmitted official photograph. Moreover, some private entities referred to in the eIDAS 2.0 regulation – known as relying parties – such as those in the area of banking that are required to use strong user authentication for online identification, must also accept the EUDI Wallet for identification purposes. Furthermore, the EUDI Wallet can be used to store digital credentials whose authenticity must be guaranteed. These could include, for example, personal status documents, training certificates, health cards, e-prescriptions and driver’s licenses. In the language of the eIDAS 2.0 regulation, these are so-called attributes, i.e. a characteristic, quality, right or permission. Depending on the level of trust required, the attributes can be issued as simple or qualified electronic attestations of attributes. Qualified electronic attestations of attributes are issued by qualified trust service providers, i.e. those that have been specially accredited by the EU to ensure their necessary trustworthiness. There will also be room for non-qualified electronic attestations of attributes, such as loyalty cards and tickets, as well as for as yet unknown fields of application, since the EUDI Wallet, as a broad-based digital infrastructure, is designed to offer plenty of scope for innovative use cases.

National form requirements are not affected

Since private documents such as non-authenticated powers of attorney can also be digitally stored as attributes in the EUDI Wallet, it is important to emphasise that the eIDAS 2.0 regulation explicitly does not change national form requirements and associated legal effects. The eIDAS 2.0 regulation also stipulates that it will be possible to use the EUDI Wallet to create qualified electronic signatures that satisfy the written form requirement. The regulation does not affect Union or national law related to the conclusion and validity of contracts.

For companies

In company law in particular, the EUDI Wallet will allow for the inclusion of both the EU Company Certificate and the digital EU power of attorney from the Company Law Directive (in the form the Upgrading Digital Company Law Directive). In the future, the digital EU power of attorney can be used in cross-border cases, such as company conversions or the establishment of a subsidiary in another EU country, to prove that a person is legally authorised to represent a company. Again, it should be emphasised that national form requirements remain unaffected, because the digital EU power of attorney will be drawn up in accordance with national legal requirements. It leaves national rules related to the formation of companies and limitations on the use of powers of attorney in general untouched. The EU Company Certificate, issued by the register of the Member State where the company was formed, contains the most important information about a company and is to be accepted in all other member states as ‘sufficient evidence’, which implies a refutable presumption of correctness with regard to said information. In addition, the European Commission lists another project in its current “Competitiveness Compass”: the “European Business Wallet”. This will be built on the eIDAS framework and be the cornerstone for easy and digital business transactions in the EU, offering companies a seamless environment for interacting with all public administrations. It remains to be seen exactly what the functions of the business wallet will be. A legislative proposal is expected to be presented in the fourth quarter of 2025.

Ready for use and secure throughout Europe

The EUDI Wallets will be developed to the same specifications across Europe. Each version of the wallet should be interoperable and work everywhere in the EU. Technically, the wallet is based on a decentralised architecture that prioritises privacy and security. Users retain full control over their data, which will only be shared with explicit consent. This approach is designed to meet the EU's high data protection standards. “Zero-knowledge proofs” also allow users to share only the information that is absolutely necessary, for example, “over 18 years old” in the case of age verification.

Outlook

The EUDI Wallet has the potential not only to make everyday life easier, but also to strengthen the EU’s competitiveness. However, as with any technological innovation, its success will depend on how well it is implemented and whether it can gain the trust of users. Its success will depend in particular on how well the various institutions of public administration and the private sector work together.

About the author

Dr. Moritz Blenk is a notary candidate in the district of the Brandenburg Chamber of Notaries and works as a legal advisor in the Brussels office of the German Federal Chamber of Notaries.