Austrian federal law has now finally consolidated the entire regulation for the Notary E-Identification Regulation (NEIV) and published it in the version from 06/03/2022. Another basis is § 69b para. 2 of the Notary Code, last amended by the federal law BGBl. I No. 71/2018.
This regulation lays the foundation for the mass-usable application of beglaubigt.de along with the verification software offered, in which the entire verification process can be legitimately handled by our partner IDnow according to NEIV §5. Beglaubigt.de takes the stress off the notary's shoulders, reducing the likelihood of errors during the process. Below you will find the entire regulation:
§ 1. Subject Matter
(1) This regulation introduces security measures for the establishment of an electronic notarial act using an electronic communication facility (§ 69b NO) to mitigate the potentially increased risk of money laundering (§ 165 StGB) or terrorism financing (§ 278d StGB) posed by the use of an electronically supported procedure for verifying and establishing the identity of a non-physically present party. It also governs the conditions under which the notary may utilize a service provider for executing this electronically supported identification procedure, and the data security, forgery security, and reliability requirements for the persons conducting the identification process.
(2) The security measures to be implemented by the notary under this regulation are without prejudice to the notary's other due diligence obligations under the Notary Code to prevent money laundering (§ 165 StGB) or terrorism financing (§ 278d StGB). Additional security measures set by the notary to further enhance the security level also remain unaffected.
(3) The provisions of this regulation are without prejudice to the applicable data protection requirements for the electronic identification procedure. If personal data is processed according to the provisions of this regulation, it occurs based on § 69b para. 2 NO for the purpose of preventing or combating money laundering (§ 165 StGB) or terrorism financing (§ 278d StGB) in accordance with the provisions of the Notary Code.
§ 2. Organizational Security Measures
(1) The notary may only employ staff members for the electronically supported identification procedure who are specially trained and reliable. The training should, in any case, impart sufficient knowledge about the legal framework of the electronically supported identification procedure, the technical requirements, and the practical assurance of identity verification.
(2) The notary must ensure that the electronically supported identification procedure is conducted in his area in a separate room equipped with access control. Organizational and technical measures should be in place to ensure that the applications used and the data transmitted in the electronically supported identification procedure are secured against unauthorized access and misuse to ensure data integrity.
§ 3. Procedural Security Measures
(1) The part of the conversation with the party that serves the purpose of electronically supported identity verification and identification must be recorded in full, at least acoustically; § 12 para. 4 DSG applies. Additionally, screen captures must be made that, under suitable lighting conditions, must depict the following from the electronically supported identification procedure:
- The face of the party,
- the presentation of the front side of the official photo ID (§ 36b para. 2 second sentence NO) or its data page, and
- the presentation of the back side of the official photo ID or its data page.
A screen capture within the meaning of this regulation is understood to be an image created and stored using electronic data processing that reproduces the screen content as the visual component of the electronically supported identification procedure at the time of its creation, in such a quality that it meets the respective verification and documentation purposes, and the party and the data contained on the official photo ID are fully and unmistakably identifiable.
(2) The party must, upon request during the electronically supported identification procedure,
- move their head while presenting their face, and separately from that,
- provide the serial number of their official photo ID.
(3) The notary or the staff member conducting the electronically supported identification procedure must verify the authenticity of the official photo ID as follows:
- A visual inspection of the presence of optical security features, including motion optical (holographic) or equivalent security features, which must be clearly visible when the official photo ID is tilted horizontally and vertically upon request;
- Verification of the correct alphanumeric orthography of the serial number;
- Verification of the integrity of the lamination enclosing the official photo ID, or comparable features that indicate the document's integrity;
- Verification to rule out the possibility that the photograph has been added to the official photo ID after its issuance;
- Verification of the logical consistency
- a) between the features of the party or the authorized representative of the party on one hand, and the description and photograph on the official photo ID on the other hand, and furthermore,
- b) between the photograph, the issuance date, and the date of birth on the official photo ID, and furthermore,
- c) between all other potentially already available data of the party on one hand, and the corresponding additional information on the official photo ID on the other hand.
(4) During the ongoing video transmission, the party must directly enter a centrally generated numerical sequence, specifically valid for the purpose of the electronically supported identification procedure, which was sent to them via email or SMS, and electronically return it to the staff member.
§ 4. Mandatory Termination of the Electronically Supported Identification Procedure
(1) The online identification process must be terminated, subject to the cases outlined in paragraph 2, if
- a suitable visual inspection of the party or the official photo ID, or both, for the creation of a screen capture is not possible, or
- there are other inconsistencies or uncertainties.
(2) In the event of a case under § 36b para. 1 no. 3 and 4 NO, the electronically supported identification procedure must be completed unless there is reason to believe that the party would thereby become aware of the suspicion against it. In any case, an immediate report of suspicion to the Federal Minister of the Interior (Federal Criminal Police Office, Money Laundering Reporting Office pursuant to § 4 para. 2 Federal Criminal Police Office Act) in accordance with § 36c para. 1 first sentence NO is to be considered, unless the conditions pursuant to § 36c para. 1 third sentence NO are met; § 36c para. 2 NO is to be applied.
§ 5. Execution of the Electronically Supported Identification Procedure by Service Providers
The notary may use a service provider (processor pursuant to Art. 4 no. 8 of Regulation (EU) 2016/679 for the protection of natural persons with regard to the processing of personal data, for the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ No. L 119 of 4.5.2016 p. 1) for the execution of the electronically supported identification procedure in accordance with this Regulation, if he ensures that the service provider takes security measures that meet the requirements of this Regulation both in terms of scope and quality.
However, the ultimate responsibility for meeting these requirements remains with the notary who relies on the service provider. When concluding, implementing, and terminating the agreement with a service provider, professionalism and due care must be exercised, and in particular, a clear division of rights and obligations must be agreed in writing.
§ 6. Entry into Force
(1) This Regulation shall enter into force on 1 January 2019.
(2) The amendment of the title of the Regulation and § 5a shall enter into force at the end of the day of the announcement of the Regulation Federal Law Gazette II No. 185/2020. § 5a shall cease to be in force at the end of 30 June 2020.
