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Alonso Sala
CRIMINAL LAWYERS
ES
Legal Analysis

European Digital Identity (eIDAS 2): Criminal Implications

calendar_todayJanuary 6, 2026

Last updated:

lightbulbKey Takeaways

  • check_circleEuropean Wallet
  • check_circleDigital document forgery
  • check_circleBiometrics and fraud
  • check_circleUser liability

Quick answer

The rollout of the European Digital Identity Wallet (eIDAS 2), which concentrates the ID card, driving licence and banking credentials in one official app, creates a single point of failure with criminal relevance. Accessing someone else's Wallet, even with tacit consent, to sign a document can constitute forgery of a public document and identity theft: identity lending ceases to be a mere administrative offence and becomes a severe criminal risk. Biometric phishing also emerges, in which real-time deepfakes spoof facial biometrics to authorise operations in the Wallet.

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The year 2026 marks the definitive deployment of the European Digital Identity Wallet. Now, ID cards, driving licenses, and banking credentials reside in an official app. This simplifies bureaucracy but creates a single point of failure critical for fraud.

Civil Status Usurpation 2.0

The Criminal Code has adapted. Accessing someone else's Wallet, even with tacit consent (e.g., between spouses) to sign a document, can constitute a crime of forgery of public documents and identity theft. 'Identity lending' is no longer an administrative offense; it is a severe criminal risk.

Phishing">Biometric Phishing

Cybercriminals no longer seek your password; they seek your face. We defend victims who, through real-time Deepfake, have had their facial biometrics spoofed to authorize operations in the European Wallet. The burden of proof lies in demonstrating that the State's biometric system failed.

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