Legal validity of electronic signatures

An overview of the legal effects of electronic signatures, the differences between their individual types and the practical aspects of signing documents online.

Are electronic signatures legally valid?

Electronic signatures have legal effect under the European eIDAS Regulation and may be used as evidence. An electronic signature cannot be denied legal effect solely because it is in electronic form or does not meet the requirements for a qualified electronic signature.

Different types of electronic signatures have different characteristics and legal effects. Under eIDAS, a qualified electronic signature has the equivalent legal effect of a handwritten signature.

The requirements for the method of signing may depend on the type of document and the particular legal act.

Simple, electronic, advanced and qualified electronic signatures

The eIDAS Regulation distinguishes several levels of electronic signature.

A simple electronic signature is a commonly used term for an electronic signature that does not meet the requirements for an advanced or qualified electronic signature. It may, for example, take the form of a typed name, confirmation using a button or a signature created on a touchscreen.

An electronic signature is a general term for data in electronic form which is used by the signatory to sign other electronic data.

An advanced electronic signature must also meet the requirements set out in the eIDAS Regulation. It must be uniquely linked to the signatory, capable of identifying the signatory, created using means under the signatory's control, and linked to the signed data in such a way that any subsequent change to the data can be detected.

A qualified electronic signature is an advanced electronic signature based on a qualified certificate and created by a qualified device; under eIDAS, it has the equivalent legal effect of a handwritten signature.

A qualified electronic signature may not always be required for ordinary contracts. The required method of signing depends on the particular legal act and the formal requirements that apply to it.

Electronic signing with Podpisovna

For an overview of the signing process, see how electronic signing works in Podpisovna.