Chapter IVa · Governance framework

Article 46aSupervision of the European Digital Identity Wallet Framework

Inserted by Regulation (EU) 2024/1183

Short link: eidas.pt/en/46aView on EUR-Lex ↗

1. #

Member States shall designate one or more supervisory bodies established in their territory.

The supervisory bodies designated pursuant to the first subparagraph shall be given the necessary powers and adequate resources for the exercise of their tasks in an effective, efficient and independent manner.

2. #

Member States shall notify to the Commission the names and the addresses of their supervisory bodies designated pursuant to paragraph 1 and any subsequent changes thereto. The Commission shall publish a list of the notified supervisory bodies.

3. #

The role of the supervisory bodies designated pursuant to paragraph 1 shall be:

(a)

to supervise providers of European Digital Identity Wallets established in the designating Member State and to ensure, by means of ex ante and ex post supervisory activities, that those providers and European Digital Identity Wallets they provide meet the requirements laid down in this Regulation;

(b)

to take action, if necessary, in relation to providers of European Digital Identity Wallets established in the territory of the designating Member State, by means of ex post supervisory activities, when informed that providers or European Digital Identity Wallets that they provide infringe this Regulation.

4. #

The tasks of the supervisory bodies designated pursuant to paragraph 1 shall include, in particular, the following:

(a)

to cooperate with other supervisory bodies and to provide them with assistance in accordance with Articles 46c and 46e;

(b)

to request information necessary to monitor compliance with this Regulation;

(c)

to inform the relevant competent authorities designated or established pursuant to Article 8(1) of Directive (EU) 2022/2555 of the Member States concerned of any significant security breaches or loss of integrity of which they become aware in the performance of their tasks and, in the case of a significant security breach or loss of integrity which concerns other Member States, to inform the single point of contact designated or established pursuant to Article 8(3) of Directive (EU) 2022/2555 of the Member State concerned and the single points of contact designated pursuant to Article 46c(1) of this Regulation in the other Member States concerned, and to inform the public or require providers of European Digital Identity Wallet to do so where the supervisory body determines that disclosure of the security breach or of the loss of integrity would be in the public interest;

(d)

to carry out on-site inspections and off-site supervision;

(e)

to require that providers of European Digital Identity Wallets remedy any failure to fulfil the requirements laid down in this Regulation;

(f)

to suspend or cancel the registration and inclusion of relying parties in the mechanism referred to in Article 5b(7) in the case of illegal or fraudulent use of the European Digital Identity Wallet;

(g)

to cooperate with competent supervisory authorities established pursuant to Article 51 of Regulation (EU) 2016/679, in particular, by informing them without undue delay, where personal data protection rules appear to have been infringed and about security breaches which appear to constitute personal data breaches.

5. #

Where the supervisory body designated pursuant to paragraph 1 requires the provider of a European Digital Identity Wallet to remedy any failure to fulfil requirements under this Regulation pursuant to paragraph 4, point (e), and that provider does not act accordingly and, if applicable, within a time limit set by that supervisory body, the supervisory body designated pursuant to paragraph 1 may, taking into account, in particular, the extent, duration and consequences of that failure, order the provider to suspend or to cease the provision of the European Digital Identity Wallet. The supervisory body shall inform the supervisory bodies of other Member States, the Commission, relying parties and users of the European Digital Identity Wallet without undue delay of the decision to require the suspension or cessation of the provision of the European Digital Identity Wallet.

6. #

By 31 March each year, each supervisory body designated pursuant to paragraph 1 shall submit to the Commission a report on its main activities in the previous calendar year. The Commission shall make those annual reports available to the European Parliament and the Council.

7. #

By 21 May 2025, the Commission shall, by means of implementing acts, establish the formats and procedures for the report referred to in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).