Introduction
The evolution of the European regulatory framework on digital trust services has seen significant expansion in recent years, culminating in the update of the eIDAS regulation. Among the most significant innovations, in addition to the European Digital Identity Wallet, which we have discussed in recent articles, emerge the qualified electronic archiving services (eArchiving) and the strengthening of the Qualified Electronic Registered Delivery Services (QeRDS). These new tools aim to ensure greater security, reliability, and interoperability in document management processes and certified communication across Europe.
In this article, we will analyze the implications of the introduction of these qualified services, their impact on businesses and public administrations, and the opportunities they create for the European digital market.
The eIDAS regulation and its evolution
Regulation (EU) No. 910/2014, known as eIDAS (electronic IDentification, Authentication and trust Services), established a clear legal framework for electronic identification and digital trust services. Its main objective is to create a secure European space for electronic transactions, ensuring that documents, signatures, and authentications are legally valid across all Member States.
The eIDAS 2.0 update introduced new provisions to expand the scope of qualified services, including the electronic archiving service and strengthening the role of qualified electronic registered delivery services (QeRDS). These updates respond to the increasing need for secure digitization in a market that is becoming more globalized and interconnected.
eArchiving: qualified electronic archiving
Definition and regulatory requirements
eArchiving, or qualified electronic archiving, is a service that ensures the long-term preservation of electronic documents with full legal validity. According to eIDAS 2.0, a qualified archiving service must ensure:
- Document integrity, preventing any unauthorized alteration.
- Authentication and certain identification of archives and access.
- Interoperability between different systems at the European level.
- Security and advanced encryption, ensuring protection against cyberattacks and data loss risks.
These requirements oblige archiving service providers to adopt strict standards, such as those being defined in the CEN/TC 468 standardization committee and national regulations on electronic archiving. For this reason, some Italian players have recently qualified to also provide Qualified Preservation (QPres) services at the European level according to ETSI standards, a service within preservation, already regulated at the European level, aimed at preserving qualified signatures and seals, whose validity over time is particularly relevant for evidentiary purposes. In particular, in Italy, the eIDAS qualified archiving service must integrate with substitute preservation, regulated by the Digital Administration Code (CAD) and the AgID guidelines. This could impact Italian businesses and public administrations to ensure their archiving systems comply with both European specifications and national regulations, thus ensuring the legal validity and interoperability of documents stored both at the European and local levels.
Impact on businesses and public administration
The adoption of the qualified electronic preservation service brings significant advantages for businesses and public administrations:
- Authenticity and integrity: Ensures that electronic signatures remain unaltered and verifiable.
- Legal validity over time: Complies with the highest eIDAS compliance standards to protect the long-term evidentiary value.
- Enhanced evidentiary value: Strengthens the preservation of documents beyond basic archiving solutions.
The electronic archiving services market will therefore likely enter a new phase of evolution, even for market operators, with the most relevant providers already investing to obtain qualification and ensure interoperable solutions on a European scale. Among them, some have recently obtained the certification for the fiduciary service of Qualified Preservation for electronic signatures and seals, further strengthening the security and reliability of the solutions offered thanks to this first step of European certification.
QeRDS: qualified electronic registered delivery services
What is QeRDS?
Qualified electronic registered delivery services (QeRDS) are essential tools for the secure and certified transmission of digital information. These services ensure the integrity and authentication of transmitted messages, guaranteeing that both the sender and the recipient are identified with certainty and that the content cannot be altered during transmission.
Main features and advantages
According to eIDAS, a QeRDS must:
- Ensure the identity of the parties involved through reliable authentication tools.
- Ensure traceability and delivery receipt, providing legal proof in case of disputes.
- Use qualified electronic signatures, giving transmitted messages the same legal value as a registered paper communication.
Evolution and future prospects
The implementation of qualified QeRDS at the European level is accelerating, thanks to the adoption of advanced technological standards and the increasing number of use cases, also due to confirmations from national legal systems and regulations in regulated sectors, such as telecom, utilities, and financial services. These innovations further enhance the security and reliability of the services, making them more attractive for businesses and institutions. In Italy, QeRDS are known as SERCQ (Qualified Electronic Registered Delivery Service), and their use is rapidly spreading in the national regulatory context, especially for managing legally significant electronic communications.
It is important to note in this context that QeRDS has always been a service regulated at the community level, so, as with services related to electronic signatures, the regulatory landscape is framed at the European market level, with QeRDS service providers already active for years in countries other than Italy, capable of operating throughout Europe.
The regulatory update of eIDAS 2.0, through a specific implementing act expected to be approved by May 2025, will define the updated technical standards (ETSI) that must be adopted, facilitating the creation of an increasingly integrated and secure pan-European digital ecosystem.
From PEC to REM QeRDS
The new eIDAS 2.0 regulation also confirms the regulator’s intention to build services useful for the entire European internal market, ensuring interoperability, especially for systems where communications must involve many parties, such as with Registered Electronic Mail (REM), which proudly derives from the well-known Certified Electronic Mail (PEC) widely used in Italy, with over 2.5 billion messages exchanged annually.
There are indeed use cases and services where it is necessary to exchange messages and communications between a few or many parties, and this obviously impacts the need to ensure interoperability. For example, some QeRDS have historically been used to manage communication from a single certified sender to many recipients, such as sending unilateral communication of contract changes or payment reminders or notices of default. Other use cases require interoperability by nature, such as Certified Electronic Mail, which can be used between many senders and just as many recipients. In this second case, it is essential to guarantee interoperability between services, providers, and European countries, in order to demonstrate that the entire transmission chain is functioning correctly and is enforceable.
PEC is a system currently regulated and functioning in Italy, but it has already demonstrated the potential to become a Delivery (QeRDS) service at the European level, which is why in 2020 an effort was made for European standardization by Italian providers and AgID, leading to the definition of interoperability standards for Registered Electronic Mail (REM), a particular type of QeRDS. Many Italian providers have already been qualified for this type of qualified service and are waiting for the national regulation that will define the timing of the transition from PEC to REM.
Advantages for companies in adopting eArchiving and QeRDS
The adoption of the new eIDAS qualified services brings significant benefits for companies, allowing them to operate in a more secure digital environment that is compliant with European regulations.
For businesses, eArchiving, as a European qualified electronic archiving service, offers a solid infrastructure for long-term storage of digitally signed documents with legal value. However, it is likely that it will coexist with the substitute preservation services already certified in Italy and other countries, creating an ecosystem where businesses can choose the solution that best fits their regulatory and operational needs. This possible coexistence, on which industrial policy decisions must be made by our country, which has historically been among the most advanced in this type of service compared to other European countries, will allow greater flexibility in adopting tools that comply with both national and European requirements, facilitating interoperability and reducing the risks of non-compliance.
The adoption of QeRDS, known in Italy as SERCQ, ensures businesses greater certainty in transmitting electronically certified communications with legal value. This is particularly relevant in contexts such as:
- Communications for contract changes, as in the utility sector, where ARERA has recently clarified the validity of these communications via certified tools.
- Unilateral changes to contractual conditions, enabling businesses to notify customers of modifications with certain proof of sending and receipt.
- Payment reminders and installment management in financial sectors, where recent legal rulings have confirmed the legal value of such communications when sent via certified electronic registered delivery services.
Adopting these tools allows businesses to reduce legal risks, improve communication traceability, and ensure a higher level of security in managing contractual and administrative information.
Conclusions
The introduction of qualified electronic archiving and certified electronic registered delivery services marks a crucial step in the digitization of the European Union. These tools not only strengthen trust in electronic transactions but also offer a strategic opportunity for businesses and public administrations, enabling them to operate in a secure and compliant digital environment.
With the evolution of eIDAS and the growing adoption of these solutions, we can expect an acceleration in the digital transformation of the European market, with tangible benefits in terms of efficiency, security, and innovation. Companies that seize these opportunities will be able to position themselves competitively in a landscape increasingly oriented towards process digitization and information protection.
The challenge now is to effectively implement these innovations while ensuring regulatory compliance and maximum data protection. With the support of solid European standards and emerging technologies, the future of digital trust services looks increasingly promising, focused on greater interoperability and reliability.