5 min

Valid Electronic Signature in the European Union – Understanding eIDAS and Legal Compliance

Quelle est la validité de la signature électronique dans l’Union Européenne

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As business processes continue to digitalise across the EU, the need for a valid and legally recognised electronic signature has never been greater. Whether you're signing internal approvals, cross-border contracts, or sensitive legal documents, using the right type of electronic signature is essential to remain compliant — and efficient.

However, many companies still struggle to understand the differences between Simple, Advanced, and Qualified Electronic Signatures (SES, AES, QES). This confusion can lead to compliance risks, invalid contracts, or slowed-down operations.

To solve this, the EU introduced the eIDAS Regulation — a unified legal framework for electronic identification and trust services that ensures legal certainty and interoperability across all Member States.

In this article, we’ll break down:

  • What eIDAS is and why it matters for your business
  • The different types of electronic signatures under EU law
  • How to ensure legal compliance and security when signing digitally
  • And how Yousign helps you stay fully compliant, fast, and future-proof within the European internal market

What Is eIDAS and Why Does It Matter?

eIDAS stands for Electronic Identification, Authentication and Trust Services. It is a regulation adopted by the European Union (Regulation (EU) No 910/2014) to establish a clear, harmonised legal framework for electronic signatures, digital identities, and trust services across all EU Member States.

The Purpose of eIDAS

Before eIDAS, electronic signatures were subject to different laws in each country, making cross-border digital transactions complicated and legally uncertain. eIDAS solves this by:

  • Creating a unified legal standard for electronic signatures
  • Ensuring that a signature made in one EU country is recognised and valid in all others
  • Promoting trust and security in digital interactions between businesses, citizens, and public authorities

Important:

eIDAS applies to all 27 EU Member States and remains in force in the UK post-Brexit (as part of retained EU law), ensuring continued recognition of compliant electronic signatures.

Why eIDAS Matters for Your Business

Whether you're a startup sending digital contracts or an enterprise managing cross-border workflows, eIDAS ensures that your electronic signatures are legally binding, secure, and accepted across Europe.

Key benefits of eIDAS for businesses:

  • Faster transactions across borders
  • Legal clarity for contracts signed electronically
  • Standardised levels of trust for different use cases (SES, AES, QES)
  • Full interoperability across the European internal market

Good to know:

Trust service providers like Yousign are built to comply with eIDAS, offering you peace of mind and full legal validity for your electronic transactions.

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Types of Electronic Signatures Under eIDAS

The eIDAS Regulation defines three distinct levels of electronic signatures, each offering a different degree of security, legal presumption, and identity assurance. Understanding the differences between these types is crucial for ensuring your documents are signed appropriately and legally across the EU.

Simple Electronic Signature (SES)

A Simple Electronic Signature (SES) refers to any data in electronic form that is used by a person to sign a document. It includes:

  • Typing your name at the end of an email
  • Clicking “I agree” on a website
  • Pasting a scanned image of a handwritten signature into a PDF

Key characteristics:

  • Easy to use
  • No formal identity verification
  • Low level of legal assurance
  • Suitable for low-risk transactions

Use cases:
Internal approvals, informal agreements, acceptance of general terms and conditions.

While legally recognised under eIDAS, SES offers limited evidentiary value in case of dispute.

Advanced Electronic Signature (AES)

An Advanced Electronic Signature (AES) is more secure and must meet four key legal requirements under eIDAS:

  1. It is uniquely linked to the signer
  2. It allows identification of the signer
  3. It is created using electronic signature creation data under the signer's sole control
  4. It is linked to the signed data so that any change is detectable

Key characteristics:

  • Strong identity verification (e.g. 2FA)
  • High integrity and traceability
  • Legally enforceable in most business contexts
  • Best suited for B2B contracts, HR documents, legal agreements

Use cases:
Sales contracts, employment agreements, financial approvals, NDAs.

Yousign's default signature process is AES-compliant, combining security and usability.

Qualified Electronic Signature (QES)

A Qualified Electronic Signature (QES) is the highest level of electronic signature under eIDAS. It is legally equivalent to a handwritten signature across the EU and must:

  • Be created using a qualified electronic signature creation device (QSCD)
  • Be issued by a Qualified Trust Service Provider (QTSP)
  • Involve prior face-to-face or remote identity verification

Key characteristics:

  • Maximum legal value
  • Accepted in all EU Member States without additional validation
  • Required for certain legal or notarial documents
  • More complex onboarding and identity checks

Use cases:
Cross-border agreements, public tenders, notarial acts, high-value financial contracts, certain government procedures.

A QES has the same legal standing as a handwritten signature, and cannot be refused as evidence in court solely because it is digital.

Summary Table – Comparison of Signature Types Under eIDAS

Type

Identity Verification

Legal Weight

Use Cases

SES

None or minimal

Low

Internal approvals, informal agreements

AES

Strong (e.g. 2FA)

High

B2B contracts, HR, legal documents

QES

Verified by QTSP

Maximum

Notarial acts, cross-border or regulated contracts

Legal Validity of Electronic Signatures in the European Union

Under the eIDAS Regulation, electronic signatures are legally valid throughout the European Union, as long as they meet the relevant criteria for authentication, integrity, and consent.

However, not all electronic signatures carry the same legal weight. Their validity in court depends on the type of signature used (SES, AES, or QES) and the context of the transaction.

All Signature Levels Are Legal — With Different Evidentiary Value

  • Simple Electronic Signatures (SES) are legally recognised, but offer limited proof in case of a legal dispute
  • Advanced Electronic Signatures (AES) have stronger evidentiary value, especially when supported by audit trails and secure identity verification
  • Qualified Electronic Signatures (QES) have the highest level of legal validity, with a presumption of authenticity across the EU

Important:

No EU Member State can reject an electronic signature solely because it is electronic, as long as it meets eIDAS requirements.

Recognition Across All EU Member States

Thanks to eIDAS, a valid electronic signature created in one Member State must be recognised as legally valid in all others.

  • Cross-border interoperability is guaranteed
  • Contracts signed with a QES are automatically accepted throughout the EU
  • This legal certainty supports smoother business operations across national borders

Yousign operates as a trusted provider across Europe and ensures your electronic signatures are valid and compliant in all EU countries.

When Is a Qualified Electronic Signature Required?

While SES or AES is sufficient for most business documents, some situations require QES by law, including:

  • Notarial acts
  • Certain public-sector documents
  • Cross-border legal transactions
  • High-risk financial or regulatory documents
  • Wills, real estate deeds, or company incorporation documents in some jurisdictions

Always verify the local legal requirements depending on the nature of the document and the country involved.

Benefits of Using Valid Electronic Signatures With Yousign

Using a valid electronic signature solution like Yousign goes beyond just convenience — it ensures that your digital transactions are fast, compliant, and secure, no matter where in the EU you're doing business.

Here are the key benefits of using Yousign:

Speed Up Your Processes

  • Sign documents instantly without printing or scanning
  • Reduce the time needed to finalise contracts, proposals, or approvals
  • Accelerate internal workflows and external negotiations

Good to know:

With Yousign, many users cut their document turnaround time by up to 70%.

Stay Legally Compliant

  • Fully compliant with the eIDAS regulation and EU standards
  • Supports Simple (SES), Advanced (AES) and Qualified (QES) signatures
  • Provides a complete audit trail with every signed document

Yousign helps your business stay compliant across all 27 EU Member States.

Ensure Maximum Security

  • End-to-end encryption protects sensitive data
  • Multi-factor authentication ensures signer identity
  • Timestamping and tamper-proof records strengthen legal validity

Reminder:

Security is not optional — especially when handling HR, legal or financial documents.

Recognised Across Europe

  • Sign once, and your document is legally valid in all EU countries
  • Manage cross-border contracts without legal uncertainty
  • Use a single, trusted provider for all European digital transactions

Example: A supplier contract signed in Spain via Yousign is valid and enforceable in Germany, the Netherlands, or any other EU country.

Designed for Business Use

  • Scalable from small teams to large enterprises
  • API and integrations available (CRM, ERP, HR tools)
  • Easy onboarding, multilingual interface, and responsive support

Start with a 14-day free trial and test Yousign with no commitment.

Best Practices for Businesses Implementing Electronic Signatures

To fully benefit from electronic signatures and ensure long-term legal compliance, companies should follow a few key best practices. These guidelines will help you choose the right signature level, reduce risk, and maximise internal adoption.

1. Identify the Right Signature Level (SES, AES, QES)

Not all documents require the same level of signature:

  • Use SES for low-risk, internal approvals
  • Use AES for business contracts, HR agreements, or sensitive data
  • Use QES when required by law (e.g. cross-border legal or financial documents)

When in doubt, choose AES — it offers a solid legal foundation and user-friendly process.

2. Rely on Trusted Service Providers

Partner with a Qualified Trust Service Provider (QTSP) like Yousign to ensure:

  • Compliance with eIDAS and EU standards
  • Secure identity verification and signer authentication
  • Legally admissible evidence in case of dispute

Only QTSPs can issue Qualified Electronic Signatures (QES) recognised across the EU.

3. Train Teams and Define Usage Policies

Successful adoption requires alignment across departments:

  • Educate employees on the differences between SES, AES, and QES
  • Establish internal guidelines on when and how to use electronic signatures
  • Assign roles (e.g. signer, validator, legal approver) to avoid confusion

A well-trained team ensures faster adoption and reduces legal or operational risks.

4. Monitor Legal Developments

EU legislation continues to evolve, especially with the upcoming eIDAS 2.0 regulation. To stay compliant:

  • Monitor updates from regulators and trusted providers
  • Review your document workflows annually
  • Consult legal advisors when handling cross-border or regulated agreements

With Yousign, you benefit from continuous updates aligned with the latest EU standards.

Conclusion

The European Union recognises three levels of electronic signatures under the eIDAS Regulation:

Simple (SES), Advanced (AES), and Qualified (QES).

Each level has its place depending on the risk, legal requirements, and business context:

  • Use SES for low-impact approvals
  • Use AES for everyday B2B contracts and HR workflows
  • Use QES when maximum legal assurance is required

By understanding these distinctions — and partnering with a trusted provider like Yousign — your business can confidently sign documents online, remain fully compliant with EU law, and streamline cross-border operations within the internal market.

Frequently Asked Questions (FAQ)

  • What are the main types of electronic signatures under eIDAS?

    eIDAS defines three types:

    • Simple Electronic Signature (SES) – Basic, low-assurance signature
    • Advanced Electronic Signature (AES) – Secure, identity-linked, with audit trail
    • Qualified Electronic Signature (QES) – Highest level, legally equivalent to handwritten
  • Are electronic signatures legal in all EU member states?

    Yes. Under eIDAS, all EU countries must recognise electronic signatures, provided they meet the relevant standards. A signature valid in France is also valid in Germany, Spain, Italy, or any other Member State.

  • What is the difference between an advanced and qualified electronic signature?

    An Advanced Electronic Signature (AES) ensures the signer is identifiable and that the document cannot be altered post-signature.

    A Qualified Electronic Signature (QES) adds a certified identity verification step and is issued by a Qualified Trust Service Provider — giving it the same legal value as a handwritten signature across the EU.

  • When is a qualified electronic signature required?

    A QES may be required for:

    • Notarial acts
    • Cross-border legal contracts
    • Regulated financial or public-sector documents
    • Certain documents like wills, company registrations, or real estate deeds, depending on local law.
  • How does Yousign comply with electronic identification trust services regulation?

    Yousign is an eIDAS-compliant provider, offering:

    • Advanced and Qualified Electronic Signatures (AES & QES)
    • Full audit trails and secure identity verification
    • Hosting and infrastructure based in the EU
    • Regular updates in line with eIDAS and EU data protection laws

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