What exactly is an eSignature?

Unlike on paper, there are many different ways to sign digital documents. Each type having a different level of evidential power and legality, each type bringing its own user experience. In this article, we explain the different types of electronic signatures. 

Three types of electronic signatures

The eIDAS Regulation defines three levels of electronic signatures.

The requirements of each level build on the requirements of the level below it, such that a qualified electronic signature meets the most requirements and a 'simple' electronic signature the least.

• 'Simple' Electronic Signatures

An electronic signature is defined as "data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign". Thus, something as simple as writing your name under an e-mail might constitute an electronic signature.

• Advanced Electronic Signatures (AdES)

An advanced electronic signature is an electronic signature which is additionally:

• uniquely linked to and capable of identifying the signatory;
• created in a way that allows the signatory to retain control;
• linked to the document in a way that any subsequent change of the data is detectable.

The most commonly used technology able to provide these features is the use of a public-key infrastructure (PKI), which involves the use of certificates and cryptographic keys.

• Qualified Electronic Signatures (QES)

A qualified electronic signature is an advanced electronic signature which is additionally:

• created by a qualified signature creation device;
• and is based on a qualified certificate for electronic signatures.

Signature creation devices come in many forms to protect the electronic signature creation data of the signatory, such as smartcards, SIM cards, USB sticks. "Remote signature creation devices" can also be used where the device is not in the physical possession of the signatory, but managed by a provider. Those remote qualified signature solutions offer an improved user experience while maintaining the legal certainty offered by qualified electronic signatures.

 

While different levels of electronic signatures may be appropriate in different contexts, only qualified electronic signatures are explicitly recognized to have the equivalent legal effect of hand-written signatures all over the EU.

 

Qualified certificates for electronic signatures are provided by (public and private) providers which have been granted a qualified status by a national competent authority as indicated in the national 'trusted lists' of the EU Member State. We currently work with Connective and DocuSign as e-Signature providers.