Digital signatures sometimes cause trouble

A digital signature can be legally valid, but its evidential value varies significantly by type. The law (eIDAS) recognizes three types: the ordinary, the advanced, and the qualified electronic signature. Only the qualified signature is legally equivalent to a handwritten signature.

Three types of electronic signatures

The European eIDAS Regulation distinguishes three levels. The ordinary electronic signature is the simplest (for example, a scribble on a tablet or a scanned signature). The advanced signature is uniquely linked to the signatory and is more secure. The qualified signature meets the strictest requirements and is applied using a qualified certificate.

Which one is legally valid?

In principle, any electronic signature can be legally valid; an agreement is usually not subject to any formal requirements. However, a qualified electronic signature has the same legal effect as a handwritten signature. In the case of less stringent variants, the judge assesses whether the method used was sufficiently reliable, taking into account the purpose and the circumstances.

It concerns the evidentiary value

The 'hassle' often arises with the evidential value. A simple scribble on a delivery tablet or touchscreen does not always prove who signed and for what. For important or disputed agreements, a more reliable method pays off, so that you can substantiate the signature.

This is how you prevent problems

Match the level of the signature to the importance of the document: for standard orders, a simple variant is often sufficient, while for important contracts, choose an advanced or qualified signature. Additionally, keep proof of who signed, when, and for what purpose.

Frequently Asked Questions

Is a digital signature legally valid?

It can be legally valid. The qualified electronic signature is legally equivalent to a handwritten signature; for less stringent variants, the judge assesses their reliability.

Does a scribble on a tablet count?

That may be a valid signature, but its evidential value is limited: it is not always clear who signed and for what purpose.

Which signature should I use?

Adjust the level to the importance of the document. For important contracts, use an advanced or qualified signature.

Want to properly arrange digital signing?

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