Print a contract, sign it, scan it and email it back. Many organisations still work this way. Signing digitally is faster, but it also raises questions. What exactly is an electronic signature? What types are there? And is it as valid as a signature on paper? This blog explains how it works and how to determine which type of signature suits your documents.
What is an electronic signature?
An electronic signature is a signature in digital form. The law defines the term broadly: it covers electronic data attached to a document that the signatory uses to sign. This can be a typed name, a ticked box or a signature on a tablet.
A good electronic signature records more than just a name: who signed, when, and whether the document was changed afterwards. A scanned signature pasted into a PDF as an image does not do this. The level of assurance an electronic signature offers therefore depends on the method.
eIDAS: three levels of electronic signatures
This is why the European Union distinguishes three levels. They are set out in the eIDAS Regulation (EU 910/2014), which applies in all EU member states. The higher the level, the more certain it is who signed:
- Simple electronic signature (SES): the basic form, such as a typed name or a click on “agree”. Quick and accessible, but with the least certainty about who signed.
- Advanced electronic signature (AES): uniquely linked to the signatory and can only be created by them. If the document is changed after signing, this is immediately visible.
- Qualified electronic signature (QES): an advanced signature with a qualified certificate from a qualified trust service provider (QTSP). Legally equivalent to a handwritten signature in all EU member states.
What is a QTSP?
A qualified signature requires a QTSP: a Qualified Trust Service Provider. This organisation verifies the signatory’s identity and issues the certificate that is linked to the signature. A QTSP is independently audited on a regular basis and is listed on the European Trusted List (EU Trusted List).
Is an electronic signature legally valid?
Yes. Under eIDAS, a court may not reject a signature solely because it was made electronically. In the Netherlands, this is laid down in Article 3:15a of the Dutch Civil Code. An electronic signature has the same legal effect as a handwritten signature, as long as the method used is reliable enough. How reliable it needs to be depends on the purpose and the situation.
The difference lies in the evidential value. With a qualified signature (QES), the law presumes the signature is reliable. With a simple or advanced signature, the court assesses in the event of a dispute whether the method was reliable enough. A complete audit trail, recording who did what and when, then makes your position considerably stronger.
The level you choose therefore determines how strong your position is if a signature is ever disputed.
Which level suits your documents?
Not every document requires a qualified signature. A useful rule of thumb: the greater the risk in the event of a dispute, the higher the level. In practice, a mix of levels is often the most efficient.
|
Level |
When suitable |
Examples |
|
SES |
Little legal risk, mainly internal |
Internal approvals, leave requests, purchase orders |
|
AES |
Agreements with external parties where you want to be able to demonstrate who signed |
Employment contracts, supplier contracts, lease agreements |
|
QES |
Highest evidential value needed, or when the law or the counterparty requires it |
Documents of significant financial or legal value, cross-border contracts |
Signing legally with AgileSign
With AgileSign, you choose the level you need per document: simple, advanced or qualified. For qualified signatures, AgileSign works with a QTSP. The platform complies with the eIDAS Regulation.
AgileSign also provides the evidential value that legally valid signing is all about:
- Reliable identification: signatories are verified via an electronic ID card or video identification. This establishes who signed.
- Complete audit trail: every action is recorded, including identity, time and certificate details.
- Archived immediately: signed documents are automatically stored in your own system or in the AgileSign archive. This keeps the evidence available for years to come.
Customers and suppliers can also sign along easily, without a complicated portal or separate login. Printing, scanning and emailing back is then no longer necessary.
Would you like to know which level of signing suits your documents and processes? Feel free to get in touch for a no-obligation consultation.