Basic or Simple Electronic Signatures
basic e-signature is technology-neutral. Meaning, any electronic form or process is
typically accepted because the resulting e-signature meets the following three basic
requirements for signing.
Advanced Electronic Signatures (AES)
- Used by the person related to the signature
- Used in a fashion that demonstrates the intent of the signer
- Associated with the document or data the signer intended to sign
An advanced electronic signature goes beyond the essential e-signature by tying
authentication to the signature and thus the document. This drastically decreases
risk in business transactions by providing additional evidence that can be used to
verify the signature’s authenticity. It’s harder to forge, and less evidence could
even be required by the court to prove the intent and authenticity of the
An advance electronic signature, in addition to complying with the
requirements of an SES, must also require to be:
- Associated with the person using the signature
- Able to spot the signer
- Created in a way that the signer is confident it’s under their sole control
- Linked to the document, so any changes made afterward are identifiable
For their use of electronic signatures, most business establishments choose AES as
their standard e-signature. By having mechanisms for built-in authentication
assurance, it increases security without impacting the customer experience.
Qualified Electronic Signatures (QES)
“qualified electronic signature” is predicated on the eIDAS Regulation, but it’s
almost like many other laws worldwide that need a certificate issued by an
A qualified electronic signature is a complicated
electronic signature that also requires a private digital certificate additionally
to all or any other standard requirements. The digital certificate could also be a
secure, personal and unique electronic identity credential that possesses to be
issued to the signer to keep under their control.
signature must comply to the requirements of both electronic signatures and advanced
electronic signatures, and also be:
- Created employing a professional electronic creation or signature creation
- Supported by qualified certificate (issued by knowledgeable trust service
- Like a sophisticated e-signature, it is recognized as a handwritten
signature. A QES requires no additional evidence by the court under Article
25 of eIDAS if the validity of the same is questioned during a dispute.
A qualified e-signature reverses the burden of proof that generally is created
during a digital transaction. With qualified e-signature, the signer must produce
the digital certificate used to authenticate the signature.
Legal validity of electronic signatures under
eIDAS ensures that each kind of electronic signature has legal
validity and admissibility as evidence in EU courts and shall not be denied legal
effect solely because of its electronic form.
The enforceability of a transaction
concluded using electronic signatures will depend on a selection of things,
including the type of signature used and thus the evidence embedded in
The eIDAS Regulation doesn’t dictate what kind of signature or when a
signature is required. In their individual data laws, every EU member state must
- Use cases of documents that compulsorily require a traditional wet ink
- use cases of documents that need a qualified electronic signature.