eID card law

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Basic data
Title: Law on a card for Union citizens and members of the European Economic Area with a function for electronic proof of identity
Short title: eID card law
Abbreviation: eIDKG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: E-government
References : 210-8
Issued on: Art. 1 G of June 21, 2019 ( Federal Law Gazette I p. 846 No. 23)
Entry into force on: 1st November 2019
GESTA : B040
Weblink: Text of the law
Please note the note on the applicable legal version.

The law on a card for Union citizens and members of the European Economic Area with the function of electronic proof of identity , abbreviated as the eID card law , came into effect as Article 1 of the law on the introduction of a card for Union citizens and members of the European Economic Area with the function of electronic proof of identity as well as amendment of the Identity Card Act and other regulations come into force on November 1, 2019. The federal government had assured the federal states in the legislative process that the entry into force of the eID card law would be postponed to November 1, 2020, but this was not implemented.

The law enables non-German citizens of a member state of the European Union or a signatory to the Agreement on the European Economic Area to apply for and use a card for electronic proof of identity (eID card) in Germany.

Purpose of the law and issuing of the eID card

The law aims to give the beneficiaries better access to German digital administrative services ( e-government services ). The online function in the identity document required for the use of services in accordance with the Online Access Act was previously only available to German citizens living in Germany and holders of electronic residence permits (eAT) who are not citizens of the EU or the European Economic Area (EEA).

The purchase of the eID card is voluntary and possible from the age of 16. Electronic proof of identity is provided by transmitting data from the chip on the eID card. This is done by the cardholder placing his ID or eAT on a reader, such as an NFC-enabled smartphone with the Android operating system , and entering his personal identification number ( PIN ) upon request .

The cardholder can use the eID card to electronically prove his identity to public and non-public bodies. This can be done on the Internet or on site with those present (Sections 12 and 13 of the eID card law). In this respect, the eID card is comparable to the German identity card with the eID function.

The eID card is from one of the countries to be determined Authority ( "eID card-Authority"), in whose district the applicant for his apartment, at several apartments for his main residence, reportable issued is valid for a period of ten years ( Sections 5–7 of the eID card law). An extension of the period of validity is not possible. A new card will be issued upon request. Abroad, the diplomatic missions of the Federal Republic of Germany are responsible (Section 7 (2) of the eID Card Act), but only from October 31, 2021 (Section 26 of the eID Card Act).

The details of the application are regulated in an ordinance to be issued by the Federal Ministry of the Interior, Building and Home Affairs (§ 25 eID card law).

Data on the eID card

The following data is stored on the chip of the eID card (§ 4 eID card law):

  1. Family name and maiden name,
  2. First names,
  3. Doctoral degree,
  4. Day and place of birth,
  5. Address; if the cardholder does not have an apartment in Germany, the information "no apartment in Germany" can be entered,
  6. Nationality,
  7. Order name, artist name,
  8. Document type and
  9. last day of validity.

At the request of the cardholder, the eID card authority must grant him access to the readable data stored in the chip (§ 10 eID card law).

Obligations of the cardholder (§ 20 eID card law)

The cardholder is obliged to notify the eID card authority immediately

  1. to present the eID card if an entry is incorrect,
  2. handing over the old eID card when receiving a new eID card and
  3. to report the loss of the eID card and its retrieval.

The cardholder must take reasonable steps to ensure that no other person gains knowledge of the PIN. If it becomes known, he should change it immediately or have the function of the electronic proof of identity blocked. The cardholder should take technical and organizational measures to ensure that the electronic proof of identity is only used in an environment that can be regarded as secure according to the current state of technology.

Confiscation and seizure (§ 22 eID card law)

An invalid eID card can be withdrawn. It is invalid if the necessary entries are missing or incorrect or the period of validity has expired. An eID card can be secured if someone has it without authorization or if facts justify the assumption that the eID card is invalid.

Administrative offenses (§ 24 eID card law)

An administrative offense is anyone who provides false information when applying for the card, who uses someone else's card for electronic proof of identity or who does not notify us of the loss and retrieval of the card or not in good time. The administrative offense can be punished with a fine of three thousand euros, if someone else's card is used up to thirty thousand euros.

Individual evidence

  1. ↑ Basic information about the process DIP ID: 19-243003
  2. ^ Bundesrat: Stenographic report, 977th session. P. 44 (212) , accessed on November 4, 2019 (statement by Parliamentary State Secretary Stephan Mayer).
  3. ↑ Stefan Krempl: eID: Bundestag adopts electronic proof of identity for EU citizens heise.de, April 12, 2019
  4. ↑ Law on the introduction of a card for Union citizens and members of the European Economic Area with the function of electronic proof of identity as well as on the amendment of the Identity Card Act and other regulations, explanation by the Federal Council, May 17, 2019
  5. ↑ Draft of a law to introduce a card for Union citizens and members of the European Economic Area with a function for electronic proof of identity as well as to amend the identity card law and other regulations BT-Drs. 19/8038 of February 27, 2019, p. 25
  6. ↑ eID infrastructure BSI , website accessed on November 16, 2019