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Credentials not anchored in law - versus anchored

How will the trust layer work in practise?

Feel free to improve ChatGPT's take:

 
 

When credentials are not anchored in law, the missing legal authority must be compensated with community-governed trust frameworks — aka rulebooks.
These rulebooks make the credentials verifiable and usable even without legal mandate.

Here’s what’s typically needed:


1️⃣ Governance Rulebook

Defines who’s in charge and how trust is earned and maintained.

  • Membership criteria for issuers, verifiers, and holders
  • Procedures for onboarding/offboarding actors
  • Conflict resolution and sanctioning
  • Versioning and change management
  • Link to trust registries (where accredited issuers/verifiers are listed)

This is the backbone: “Who do I trust to issue or verify this credential?”


2️⃣ Semantic & Data Rulebook

Ensures all parties speak the same data language.

  • Defines the schema (data elements, datatypes, cardinality)
  • Controlled vocabularies and code lists
  • Reference to semantic assets (e.g. EU vocabularies, UN/CEFACT, ISO, DCAT, SKOS, OWL)
  • Validation rules (e.g. SHACL shapes)

This is what makes credentials interoperable and machine-readable across borders and sectors.


3️⃣ Process & Liability Rulebook

Describes how the credential is issued, verified, and revoked — and who is liable if something goes wrong.

  • Business processes and verification steps
  • Evidence required for issuance
  • Validity period and revocation policies
  • Responsibility and liability of issuers and verifiers
  • Audit and supervision procedures
  • Dispute handling

This provides the “insurance” that verifiers need before trusting data that’s not legally mandated.


4️⃣ Technical & Security Rulebook

Specifies how the bits flow securely.

  • DID method or other identifier scheme
  • Protocols (OID4VCI, OID4VP, DIDComm, etc.)
  • Encryption and signing requirements
  • Hosting and data retention standards
  • Conformance testing procedures

This guarantees technical interoperability and trustworthiness.


5️⃣ Business Model & Sustainability Rulebook

Explains why it’s worth joining.

  • Cost/revenue model for participants
  • Incentives for issuers/verifiers
  • Funding of registry/governance operations
  • Fee transparency
  • KPIs and success metrics

Without this, no ecosystem survives long term — even if the tech works.


6️⃣ Ethics, Privacy & Consent Rulebook

Clarifies rights, duties, and limits of data use.

  • GDPR and data minimisation alignment
  • Consent management rules
  • Transparency and redress mechanisms
  • Ethical use principles (esp. if AI-agents are involved)

This prevents “wild west” usage and protects individuals and SMEs.


✅ Summary Table

Rulebook Type

Main Purpose

Typical Owner

Governance

Who can issue/verify and how trust is maintained

Consortium / association

Semantic & Data

What the credential contains and how it’s expressed

Standards body / semantic group

Process & Liability

How it’s issued/verified and who’s responsible

Sector organisation / legal experts

Technical & Security

How it’s technically implemented

Tech WG / wallet implementers

Business Model

How it’s sustained economically

Consortium / funding board

Ethics & Privacy

How data rights and fairness are protected

Data protection officer / ethics board


In short:
When legislation doesn’t provide a trust anchor, rulebooks become the de facto law — the social contract of that credential ecosystem.
They enable “market-driven” credentials (like proof of training, carbon footprint, posted worker notice, etc.) to achieve legal-grade credibility.

Then about credentials anchored in law - obvious that this easier sector should be feeding credentials without delay: 

"Much easier — but not automatic.

When a credential is anchored in law, a big chunk of the heavy lifting is already done — because the legislation itself functions as the ultimate rulebook.

Let’s unpack that:


 What’s already solved when credentials are anchored in law

1️⃣ Governance & authority

  • The law defines who can issue (e.g. population register, tax office, vehicle authority).
  • Trust registries (or equivalent official lists) already exist — e.g. National Business Register, Qualified Trust Service Provider (QTSP) lists.
  • Issuers are legally accountable; liability is implicit in their public mandate.

➡️ Result: No need for a new governance rulebook — the state is the trust anchor.


2️⃣ Process & liability

  • Legal acts often prescribe issuance and verification processes (“Tax certificate issued by authority X under procedure Y”).
  • Liability follows existing administrative law or sectoral rules.
  • Disputes go through existing administrative or judicial systems.

➡️ You don’t need to negotiate liability; it’s codified.


3️⃣ Semantic & data model

  • Data elements are often standardised by law (e.g. VAT ID format, company registration data, vehicle type approval codes).
  • EU has dozens of such legal schemas in regulations or implementing acts — ready to reuse.

➡️ Semantic alignment is easier — though mapping to verifiable credential (VC) format still requires work. +++this is very important+++


4️⃣ Legitimacy

  • Legal credentials carry public authority and presumptive evidential value.
  • Verifiers can rely on them without needing bilateral agreements — they’re “good enough by default.”

➡️ That makes onboarding fast and cross-border acceptance possible.


⚠️ What’s still hard, even for legally anchored credentials

1️⃣ Technical harmonisation

  • Legislation rarely specifies how to express or exchange credentials (JSON-LD? SD-JWT? OID4VCI?).
  • Member States interpret differently — so cross-border interoperability still needs a technical rulebook. +++to be started without delay+++

2️⃣ Semantic nuance

  • Even with laws, data definitions differ between countries (“company type,” “tax residence,” etc.).
  • Need semantic harmonisation across jurisdictions (that’s where your WP4 work fits perfectly).

3️⃣ Transition of legacy systems

  • Authorities still issue PDFs or static XMLs; turning those into live verifiable credentials requires re-engineering. +++very important+++
  • Security and privacy upgrades take time.

4️⃣ Liability chain for verifiers

  • Even if issuer liability is clear, the verification process (especially automated or by AI-agents) needs defined boundaries for re-use and consent.

🧭 In short

Aspect

Non-legislated

Legislated

Governance

Must be created via consortium rulebooks

Defined by law / state authority

Legitimacy

Based on community trust

Based on legal authority

Semantic base

Needs to be defined

Usually exists, but may differ per MS

Technical layer

Fully open to define

Still needs standardisation

Liability

Negotiated in rulebook

Anchored in legal framework

Cross-border interoperability

Voluntary trust

Backed by regulation (e.g. eIDAS2)


So: anchored-in-law credentials start from trust and liability already solved — leaving only semantics and technology to standardise.
Non-legislated credentials must build all of that from scratch through well-governed ecosystems.

 

 

 

 

 

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This content is provided by an external author without editing by Finextra. It expresses the views and opinions of the author.

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