The eIDAS regulation
When is a digital signature legally binding?
The eIDAS regulation (EU) No 910/2014 applies across the EU and divides electronic signatures into three levels. Here is the difference between SES, AES and QES, and help choosing the right level.
What the law says
All three levels are valid
An electronic signature cannot be denied legal effect or rejected as evidence in court solely because it is electronic. That is established by Article 25 of the eIDAS regulation, and it applies to all three levels.
The levels instead differ in evidential weight: the stronger the signer is identified, and the better the document's integrity is protected, the harder the signature is to dispute.
The three levels
SES, AES and QES
From a simple checkbox to a qualified certificate.
Level 1
SES
Simple electronic signature
The broadest category: a checkbox, a typed name or a scanned signature. Easy to use, but the signer is only weakly linked to the signature.
- Identity assurance
- None or low (no eID)
- Legal weight
- Valid, but easier to dispute
- Typical use
- Internal approvals and low-risk agreements
Level 2
AES
Advanced electronic signature
The signer is uniquely identified, for example with MitID or BankID, the signature is uniquely linked to the signer and created using data under the signer's control, and any subsequent change can be detected.
- Identity assurance
- Strong (eID, e.g. MitID or BankID)
- Legal weight
- Binding in the vast majority of situations in the EU
- Typical use
- Contracts, HR documents and most B2B agreements
Level 3
QES
Qualified electronic signature
Created with a qualified signature creation device and a qualified certificate issued to the signer by a qualified trust service provider. Has the same legal effect as a handwritten signature across the EU.
- Identity assurance
- Strongest (qualified certificate)
- Legal weight
- Equivalent to a handwritten signature
- Typical use
- Documents with specific statutory form requirements
Which level do you need?
Most agreements have no form requirements and can therefore be validly signed at any of the three levels. In practice, most businesses choose AES because it combines strong identification with a simple signing experience.
At NextSign, documents are signed with eID at the AES level and then sealed with a qualified electronic seal and timestamp, so both identity and content can be verified many years from now. If your process has an actual QES requirement, contact us before you start.
Want to see the evidence?
See how a NextSign signature is secured, from eID identification to the qualified seal. Download a signed example and validate it yourself.
Questions about eIDAS and validity
Yes. Under Article 25 of the eIDAS regulation, an electronic signature cannot be rejected as evidence solely because it is electronic. The evidential weight depends on the level: the stronger the identification and integrity protection, the harder the signature is to dispute. See how the evidence is secured →
AES uniquely identifies the signer, typically with an eID, and ensures that changes to the document can be detected. QES additionally requires a qualified certificate and a qualified signature creation device, and automatically has the same legal effect as a handwritten signature. In practice, AES is sufficient for the vast majority of agreements.
Signatures with eID at NextSign meet the requirements for advanced electronic signatures (AES). The document is then sealed with a qualified electronic seal from a qualified trust service provider, proving authenticity and integrity at the qualified level. Read about security & compliance →
Only where legislation sets explicit form requirements, for example for certain government and registration documents. If in doubt, check the form requirement for the specific document, or contact us before sending it for signing.
Yes. eIDAS is a regulation and therefore applies directly in every EU country. A signature that meets the requirements of a given level has the same status throughout the EU and cannot be rejected solely because of its electronic form.
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