Legal basis of eIDs in Europe
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With the increased adoption of government-approved electronic identities (eIDs) in Europe, these digital identification methods represent a secure and regulatory compliant alternative to physical ID verification in markets where they are supported.
Onfido's eID Verification solution allows businesses to leverage a growing selection of such eIDs to verify users across multiple European markets in a scalable, efficient and cost effective manner.
This guide provides an overview of the legal basis which supports the use of eID verification in Italy, where we are launching eIDs.
Combined with Onfido's AI-powered identity verification, library of trusted data sources, and support for technologies such as Qualified Electronic Signature, our end-to-end solution is helping businesses to adhere to regulatory compliance with a locally optimised approach.
Italy
| Relevant legislation | * Legislative Decree 231/07 (the "Anti-Money Laundering Decree") * Decree-Law No. 76/2020 (the "Simplification Decree") |
| Application of the legislation | Art. 27 of the Simplification Decree (amending Art. 19, para 1(a) of the Anti-Money Laundering Decree) states that, for the purposes of fulfilling it's KYC obligations, a User's identity may be verified by an FI via: an electronic identification and IT authentication processes, based on credentials of at least "significant" level (i.e. level 2), as part of a notified electronic identification scheme (e.g. SPID) pursuant to Article 9 of the Regulation (EU ) n. 910/2014 (e-IDAS). Note: An overview of the pre-notified/notified schemes under e-IDAS can be found here. |
| Can SPID be used as an alternative to document verification checks? | Yes - however, Art. 19, para 1(b) of Anti-Money Laundering Decree requires FIs to carry out additional checks where it has any doubts and/or identifies any inconsistencies re: the verification. |
| What users' attributes are Financial Institutions required to retrieve for KYC? | First name and surname, place and date of birth, registered address (and domicile, if different from the registered address) (see Art. 2(1) of Anti-Money Laundering Decree). |
