Is an electronic signature legal in European Union?

SES, AES and QES: the three levels

A simple electronic signature (SES) is any data in electronic form attached to or logically associated with other data and used by the signatory to sign, for example a typed or drawn signature or a click-to-sign with an audit trail.

An advanced electronic signature (AES, Article 26) must be uniquely linked to the signatory, capable of identifying them, created with data under their sole control, and linked to the signed data so that any later change is detectable. A qualified electronic signature (QES) is an AES created by a qualified signature creation device and based on a qualified certificate issued by a qualified trust service provider on the EU Trusted List.

What Article 25 says

Article 25(1): an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely because it is electronic or does not meet the requirements for a qualified electronic signature. This protects simple and advanced signatures.

Article 25(2): a qualified electronic signature has the equivalent legal effect of a handwritten signature. Article 25(3): a QES based on a qualified certificate issued in one member state is recognised as a QES in all other member states.

When a simple e-signature is enough

Most commercial contracts in the EU have no form requirement at all, so they can be concluded by any method that shows agreement, including a simple electronic signature. NDAs, sales and service agreements, B2B purchase orders and most freelance contracts fall into this category.

You need a QES where national law requires the written form (for example the German Schriftform under §126 BGB, which a QES satisfies under §126a BGB) or a handwritten-equivalent signature. Some national rules exclude certain contracts from electronic form entirely, such as employment termination notices in Germany.

Evidence and eIDAS 2.0

For simple and advanced signatures, the burden is on the party relying on the signature to show it is authentic. Courts assess the evidence freely: who received the signing link, timestamps, IP addresses, and a hash proving the document was not altered. A QES benefits from a presumption of validity and shifts that burden in practice.

eIDAS 2.0 (Regulation (EU) 2024/1183) requires each member state to make a European Digital Identity Wallet available, with a legal deadline in December 2026, although many member states are expected to launch later. Once available, individuals will be able to create qualified signatures from their wallet, which should make QES far easier to use when a transaction requires it.

Practical tips for businesses in the EU

Map your documents by form requirement: most can use SES with an audit trail, a smaller set benefits from AES, and only documents with a statutory written form or notarial requirement need QES or a notary. Check the national law of the member state whose law governs the contract.

eSignSimple provides simple electronic signatures with an audit trail (timestamps, IP addresses and a document hash). It is not a qualified trust service provider and does not issue qualified electronic signatures, so use a QES provider where national law requires one.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.