Comment by lmm
Isn't non-repudiation something we want for cases like this? If e.g. a car rental place checks your driving license before renting you a car, and then you get into a crash, no-one wants you to be able to claim that you never showed them your driving license and they never checked.
To prove that the car rental company has seen the driver licence, they just need to show the judge a copy of the licence which is e-sealed by its issuing authority. No need to include a non-repudiable proof-of-possession signature of the holder. Having that in addition would just introduce legal ambiguity and information asymmetry to the disadvantage of the holder.
The opponent may still claim that the car rental place is showing a copy that was obtained illegally, and not in holder presentation. To avoid such a claim, the car rental company should ask for a qualified e-signature before providing the car key. The signed data can include any relevant claims that both parties confirm as part of the transaction. To provide similar assurance to the customer, the company should counter-sign that document, or provide it pre-sealed if it is an automated process.
Note that with the EU Digital Identity, creating qualified e-signatures is just as easy as presenting digital credentials.