eSignature Legality in European Union

E-Signature Legality Summary

This guide explains the electronic-signature framework in the European Union, including the governing law, legal effect, accepted signature methods, validity requirements, exclusions and practical business uses.

Applicable Laws

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation), as amended

Legal Status

Electronic signatures receive legal recognition in the European Union under Regulation (EU) No 910/2014 (eIDAS). The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

The European Commission develops and supervises implementation of Regulation (EU) No 910/2014 (eIDAS) and manages the trusted lists of trust service providers, while each Member State must designate a supervisory body established in its territory. A conformity assessment body is a body defined in Article 2(13) of Regulation (EC) No 765/2008, accredited under that Regulation to assess qualified trust service providers and their qualified trust services.

Legal Recognition (Effect)

In the vast majority of commercial and legal scenarios, electronic signatures have legal effect and may not be denied solely on the ground that they are in electronic form.

• An electronic signature (ES) has legal effect and may serve as evidence; it shall not be denied legal effect and admissibility in legal proceedings solely because it is in electronic form or because it does not meet the requirements for qualified electronic signatures. A qualified electronic signature shall have the equivalent legal effect of a handwritten signature. (eIDAS Art. 25)
• An advanced electronic signature (AdES) carries greater evidentiary weight in court. In the event of a dispute, the burden of proof shifts: a party contesting the authenticity of the signature must provide evidence that the signature is invalid.
• Under EU law, a qualified electronic signature (QES) has the same legal effect as a handwritten signature.

Accepted Types of Electronic Signatures

The European Union recognizes the following signature types under the eIDAS classification:

• ES: data in electronic form attached to or logically associated with other data in electronic form and used by the signatory to sign (eIDAS Art. 3). Even simple acts such as typing a name at the bottom of an email or a scanned signature may qualify as an electronic signature.
• AdES (advanced electronic signature) must meet the following requirements: be uniquely linked to the signatory; be capable of identifying the signatory; be created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control; and be linked to the data signed so that any subsequent change in the data is detectable. (eIDAS Art. 26)
• QES (qualified electronic signature): an advanced electronic signature based on a qualified certificate for electronic signatures (eIDAS Art. 28) and created by a qualified electronic signature creation device (eIDAS Arts. 29-30).

Legal Requirements for Electronic Signatures

For an electronic signature to have legal effect, the following core requirements must be met:

• ES: data in electronic form attached to or logically associated with other data in electronic form and used by the signatory to sign (eIDAS Art. 3).
• AdES must be uniquely linked to the signatory, capable of identifying the signatory, created using electronic signature creation data under the signatory's sole control with a high level of confidence, and linked to the data signed so that any subsequent change is detectable. (eIDAS Art. 26)
• QES: an advanced electronic signature based on a qualified certificate (eIDAS Art. 28) and created by a qualified electronic signature creation device (eIDAS Arts. 29-30).

Limitations and Exceptions

The eIDAS framework does not apply to closed systems restricted by national law or by agreements between the participants. The validity of contract formation, other legal or procedural formal requirements, and sector-specific formal requirements are governed by the specific laws of the Union or the relevant Member State. (eIDAS Art. 2)

Industry Applications and Typical Use Cases

Supported in most scenarios.

eIDAS use cases (including citizen-life applications and SMEs): The European Digital Identity Wallet enables users to sign with a qualified electronic signature or seal with a qualified electronic seal in a user-friendly, transparent and traceable manner (eIDAS Art. 5(4)(e)).

Digital identity wallet pilots are underway.