Electronic signatures under eIDAS: simple, advanced and qualified, and when national form rules still apply

The legal framework

Regulation (EU) No 910/2014, known as eIDAS, sets the EU framework for electronic identification and trust services, including electronic signatures, seals, time stamps and registered delivery. Its rules on trust services have applied since 1 July 2016 and replaced the earlier directive on electronic signatures.

A central principle is that an electronic signature cannot be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form or does not meet the requirements for qualified electronic signatures. Whether a particular contract requires a specific form, however, is left largely to national law.

eIDAS was amended by Regulation (EU) 2024/1183, which introduces European Digital Identity Wallets that member states must make available to citizens and businesses. Wallets are intended to support identification and qualified electronic signatures across borders as they are rolled out.

The three levels

eIDAS distinguishes three levels of electronic signature. The level determines how strongly the signature proves who signed and that the document was not changed, and whether it is legally equivalent to a handwritten signature.

Simple electronic signature

Any data in electronic form attached to or associated with other data and used by the signatory to sign, such as a typed name, a scanned signature image or a click on an accept button.

Advanced electronic signature

Uniquely linked to and capable of identifying the signatory, created using data the signatory can use under their sole control, and linked to the signed data so that any later change is detectable.

Qualified electronic signature

An advanced electronic signature created by a qualified signature creation device and based on a qualified certificate issued by a qualified trust service provider. It has the equivalent legal effect of a handwritten signature and is recognised across member states.

What most business documents need

Many commercial agreements between businesses, such as quotes, orders, service agreements, non-disclosure agreements and statements of work, have no statutory form requirement in most member states. A simple or advanced electronic signature is usually sufficient, and the practical question is evidence: can the business show who signed, when and that the document was not altered?

Good e-signature platforms record an audit trail with email verification, IP addresses, timestamps and document hashes, and some add identity checks for advanced signatures. For higher-value or higher-risk agreements, stronger identity verification improves evidence even where the law does not require it.

When a qualified signature or another form is required

Where national law requires written form, a qualified electronic signature can often replace a handwritten signature. Germany, for example, generally allows written form to be replaced by electronic form with a qualified electronic signature, unless a law excludes the electronic form.

Some documents cannot be signed electronically at all, or need a notary. In Germany, the termination of an employment relationship must be in written form and the electronic form is excluded. Real estate purchase contracts and the transfer of shares in a GmbH require notarial recording. Other member states have their own categories, such as certain consumer credit, guarantee, family and inheritance documents.

Regulated sectors may add requirements. Financial services, public procurement and healthcare can prescribe signature levels, identity verification or specific trust services for particular processes.

Qualified trust service providers

Qualified certificates and qualified signature services are provided by qualified trust service providers that are supervised under eIDAS and listed on national trusted lists, which the EU publishes in a combined browser. Many e-signature platforms offer qualified signatures through partnerships with such providers, often including remote identity verification by video or electronic ID.

When a qualified signature is needed, check that the service actually produces qualified electronic signatures rather than advanced signatures marketed as highly secure, and that identity verification methods are accepted for the relevant country.

Building signing into sales and HR processes

Map document types to the required signature level before configuring tools: which documents can use simple signatures, which need advanced signatures with identity checks, which need qualified signatures and which must follow another form entirely. Put that mapping into templates so users do not choose levels case by case.

Integrate signing with the CRM, quoting and HR systems so signed documents, audit trails and status updates return automatically, and store signed documents with the records they relate to. Retention rules for contracts and employment documents should apply to the signed files and audit trails. This article is a general overview and not legal advice.

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