Legal issues concerning e-Confirmation (October 2014)


*           e-Confirmation legally equal to EHIC and/or PRC

Critical succes factor for e-Confirmation is its legal status, that should be equal to the EHIC and/or its Provisional Replacement Certificate. Regulation 883/2004 rules that electronic documents, sent in conformity with  this regulation, may not be rejected. The newly approved Regulation 910/2014 (eIDAS) rules amongst others the legal meaning of electronic signatures and seals. e-Confirmation will apply an advanced signature/seal. According to eSENS’ legal experts the e-Confirmation has to be accepted by European institutions as a legal equivalent of the current EHIC and/or PRC.

*           EHIC could be subject to insurance verification and might be witdrawn/rejected

Article 5 of Regulation 987/2009 (2) says: “where there is doubt about the validity of a document, the institution of MS B shall ask the issuing institution in MS A for necessary   clarification, and where appropriate for withdrawal of that document”. Since in most cases the expiration date of EHICs might be 3 or more years in future, it is justifyable to doubt about the current validity and to check, whether circumstances did not change since the date of issuing. In case the card appears no longer valid, it could be withdrawn by the issuing Institution. In terms of e-Confirmation, this withdrawal is demonstrated by an e-Rejection.

So far the EHIC is out of scope of the e-Confirmation UC. Against this legal background, the e-Confirmation team might reconsider this standpoint.