Towards a European eID Regulatory Framework Challenges in Constructing a Legal Framework for the Protection and Management of Electronic Identities

The difficulties, barriers and challenges in implementing a regulatory framework for a pan-European electronic identity (eID)1 have been analyzed before in a number of studies. Deliverables pertaining to research projects funded by the European Union (EU), as well as study reports prepared for the European Commission in the areas of eID and eGovernment,2 have focused on the legal complexities that currently hinder the realization of a pan-European eID scheme. In this respect, researchers and scholars have devoted more attention to legal barriers than to possible legal solutions. This paper attempts to fill this gap, and also to contribute to research on both these analytical dimensions. The article first summarizes the main legal obstacles and challenges to the implementation of a pan-European eID scheme and then suggests a conceptual framework of principles to address these challenges and overcome the obstacles. In summary, this paper contributes to the ongoing debate on the benefits of a regulatory framework for an electronic identity scheme for Europe by presenting a number of legal proposals that could facilitate the realization of such a scheme.