This document summarizes different approaches to cross-border recognition of digital identity and trust services: I. Bilateral recognition involves two countries agreeing on legal, technical, and supervision frameworks to enable cross-border use of identity and trust services between them. Successful pilots have occurred between Ukraine-Moldova and Ukraine-Estonia. II. Mutual recognition between the EU and a third country can occur under an agreement that the third country meets eIDAS requirements. Pilots have tested including third country trusted lists in the EU LOTL to simulate this recognition. The process involves many steps and negotiations. III. Worldwide cross-border recognition is addressed in UNCITRAL's draft Model Law

1. © OECD
Webinar 2: Digital identity
and trust services
Digital identity and trust services
Liudmyla Rabchyska, former Deputy Minister at Ministry of
Digital Transformation, Ukraine
31 May 2021

2. 1
I. Bilateral recognition
II. Mutual recognition between the EU and a third
country
III. Worldwide cross-border recognition
VARIETY OF RECOGNITION

3. MINIMUM REQUIREMENTS FOR MUTUAL
RECOGNITION
Technical
Trust
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 Legal
 Supervision

4. I. Bilateral recognition
3

5. I. Bilateral recognition
If both countries are satisfied with each other's legal, trust and supervisory
framework, then we can move on to technical requirements:
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 define trust or identity services
 test the cross-border technical interoperability:
• design a solution compatible with requirements which includes
timestamping, and certificate validation mechanisms
• test the readiness of national infrastructure for cross-border
interoperability by examining the technical ability of pilot countries
to validate a service created by another and vice-versa
 disseminate pilot results

6. I. Bilateral recognition
Successful cross-border eSignatur Pilot examples:
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 July 2020 - March 2021
Ukraine – Moldova
 July 2020 - March 2021
Ukraine – Estonia
 October 2021 – February 2022
Armenia – Georgia – Ukraine – Estonia – Lithuania – Latvia
All cross-border eSignature Pilots led by EU-funded EU4Digital Facility and
were performed across the pilot countries

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Illustration pilot results
Ukraine – Moldova
I. Bilateral recognition
(*) eSignature Pilot Report, EU4Digital, April 2021 p.34

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Testing for cross-border eSignature interoperability
Ukraine – Estonia
I. Bilateral recognition
(*) eSignature Pilot Report, EU4Digital, April 2021 p.32

9. Testing for cross-border eSignature interoperability
Armenia – Georgia – Ukraine – Estonia – Lithuania – Latvia
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I. Bilateral recognition
(*) eSignature Pilot Report, EU4Digital, April 2022 p.11

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II. Mutual recognition between
the EU and a third country

11. II. Mutual recognition between the EU and a third country
The mutual recognition is foreseen in Article 14 eIDAS Regulation and may only occur
under an agreement concluded between the Union and the interested 3rd countries or
international org in accordance with Article 218 TFEU
3rd country / international org TSP/TS must meet the eIDAS requirements applicable to
EU QTSP/QTS
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(*) Pilot CEF eSig BB international compatibility, p.3
Article 14 limits the alignment and
mutual recognition of trust
services with 3rd countries on the
sole 9 types of QTSs and provided
by QTSPs

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II. Mutual recognition between the EU and a third country
The pilot aims to illustrate how the mutual recognition between the EU and a 3rd
country of the QTSP and the QTSs they could be (technically) implemented under
Article 14 of eIDAS.
The pilot simulates a test LOTL that points to the trusted lists referred in the current
LOTL and also points to a test 3rd country trusted list as a result of the mutual
recognition above
Before getting to the inclusion in the EC LOTL of such a pointer to the
trusted list of a 3rd country, the process of concluding an Art.14 MRA will
include several steps and potentially important piloting and negotiation
phases.
Website on Pilot CEF eSig BB international compatibility
https://esignature.ec.europa.eu/intl-comp/dss-demo/

13. Typical eIDAS Art.14 MRA life-cycle process flow
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II. Mutual recognition between the EU and a third country
(*) Pilot eSig BB internationalization - MRA Cook-book, p.13

14. Typical eIDAS Art.14 MRA life-cycle process flow
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II. Mutual recognition between the EU and a third country
(*) Pilot eSig BB internationalization - MRA Cook-book, p.13
Joint work
plan with 17
additional
steps

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II. Mutual recognition between the EU and a third country
Website on Pilot CEF eSig BB international compatibility
Documentation
Tools
 MRA cookbook
 eIDAS Article 14 Assessment Check-List
 MRA element specification (and XML Schema Definition)
 MRA element usage
 Browse the LOTL and trusted lists
 Validate the trusted lists outputs (signatures and certificates)

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III. Worldwide cross-border
recognition

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III. Worldwide cross-border recognition
The UNCITRAL Working Group IV has been working on Draft Model
Law on the Use and Cross-border Recognition of Identity Management
and Trust Services since 2017 year.
Four chapters:
 General provisions
 Identity management
 Trust services
 International aspects

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III. Worldwide cross-border recognition
The UNCITRAL Draft Model Law on the Use and Cross-border
Recognition of Identity Management and Trust Services
Legally enabling cross-border use of IdM and trust services is one of
the main goals pursued by the Draft.
This is done through the application of the principles of:
 technology neutrality
 non-discrimination against geographic origin
The Draft does not:
 require the establishment of a formal institutional arrangement
for cross-border legal recognition
 establish a common set of levels of assurance for IdM systems and
of levels of reliability for trust services

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III. Worldwide cross-border recognition
The UNCITRAL Draft Model Law on the Use and Cross-border
Recognition of Identity Management and Trust Services
Cross-border legal recognition:
1. the possibility of recognizing foreign IdM and trust services by relying
on foreign determinations and designations
2. the enacting jurisdiction may decide whether operate based on:
 automatic recognition (IdM and trust services designated by the
foreign authority would automatically have legal status as
designated in the enacting jurisdiction)
 presumption (IdM and trust services designated by the foreign
authority would be presumed reliable in the enacting jurisdiction,
but would not have legal status as designated in that jurisdiction
without further action by the designating authority)

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Any questions?