An GwG-compliant identification can be implemented with the help of electronic proof of identity (Section 18 of the German Identity Card Act) and the electronic residence permit (Section 78 (5) of the German Residence Act), in accordance with Section 12 (1) sentence 1 No. 2 GwG. The obligations to preserve records resulting from this identification procedure (as per Section 8 (2) sentence 5) require the “service and card-specific marking”, which we provide with the data for identification.
The electronic proof of identity (eID), the residence permit and the eID card for Union citizens are permissible procedures for the identification of natural persons (e.g. for the activation of SIM cards) according to Section 111 TKG. The retention obligations are analogous to Section 8 (2) sentence 5 GwG. Accordingly, TKG-compliant identifications can be carried out with AUTHADA ident and onsite, for example, when concluding a mobile phone contract or in the branch when purchasing a SIM card.
According to Section 18 and Section 18a of the PAuswG (Section 78 (5) of the AufenthG for residence permits and Section 12 of the eIDKG for eID cards for Union citizens), reading the electronic proof of identity (eID) is a reliable process for reading ID card data online and on site. Before the data is read out, it is verified whether the person presenting the eID card is the cardholder. Before the data is read out, it is checked whether the person presenting the ID document is also the cardholder. In the case of on-site reading, this is done by a employee on site; in the case of online identification, it is done with the help of the personal ID PIN.
The eIDAS Regulation regulates electronic identification and electronic trust services all over Europe. The German eID has already been successfully notified and will be able to be used for identification in the EU in the future. The implementation of the eIDAS Regulation is outlined in the Trust Service Act (VDG). Moreover, as per eIDAS, a remote signature can be initiated via the German eID.