E-signature Legality in European Union
The European Union’s Regulation (EU) No 910/2014, also called eIDAS, governs electronic identification and trust services within the EU. eIDAS went into full effect in 2016, replacing Directive 1999/93/EC, which had previously covered electronic signatures.
Individual EU member states have managed the implementation of the eIDAS regulation in their own laws and civil codes. While eIDAS’s framework is used across the EU, specific requirements and rules governing e-signatures may vary depending on which EU member state you’re in.
eIDAS recognizes three types of signatures, with different requirements for each:
- Simple Electronic Signature (SES) includes typed signatures, including email signatures.
- Advanced Electronic Signature (AdES) is specifically linked to the signer and their data.
- Qualified Electronic Signature (QES) requires certificates issued by qualified signature creation devices.
Qualified e-signatures have the strictest requirements and, depending on the circumstances and the country, can be accepted as valid alternatives to handwritten signatures.
Consult a legal professional to ensure you’re following all relevant laws and procedures governing e-signatures.
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