E-signature Legality in Germany
Germany is a member country of the European Union. E-signatures in Germany are therefore covered by Regulation (EU) No 910/2014, known as eIDAS, which regulates electronic identification and trust services. eIDAS was introduced in 2014 and went into full force in 2016.
eIDAS covers three types of signatures:
- Simple Electronic Signature (SES), which includes email blocks and typed signatures
- Advanced Electronic Signature (AdES), which is linked to the signatory and their data
- Qualified Electronic Signature (QES), which is based on a certificate issued by a qualified signature creation device
Qualified e-signatures are the most secure signature type and can be accepted as legally valid alternatives to handwritten signatures.
Germany’s Civil Code (Bürgerliches Gesetzbuch, BGB) and Trust Services Act (Vertrauensdienstegesetz, VDG) also have provisions governing e-signatures and managing implementation of eIDAS. Written forms are sometimes required, depending on the type of contract, but electronic forms can replace them if they meet certain conditions and provide qualified electronic signatures.
Consult a legal professional to ensure you’re meeting all relevant requirements before finalizing your digital transaction with an e-signature.
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