An electronic signature is data in electronic form attached to other data which the signatory uses to sign. European law distinguishes three levels, with increasing reliability and evidential weight.
Legal basis
Regulation (EU) 910/2014, the eIDAS Regulation, sets out the levels: the simple, the advanced and the qualified electronic signature. Article 25 provides that a signature may not be denied legal effect solely because it is electronic, and that a qualified signature has the same legal effect as a handwritten one. In the Netherlands Article 3:15a of the Civil Code adds that the method used must be sufficiently reliable given the purpose and the circumstances. Regulation (EU) 2024/1183, eIDAS 2, adds the European Digital Identity Wallet, which Member States must make available to their citizens and businesses. For some legal acts a notarial deed or a written instrument remains prescribed; electronic signing does not help there.
How it works in practice
For most commercial contracts an advanced signature through a mainstream signing platform is sufficient, provided the audit trail records identification, timing and the integrity of the document. For agreements of high value or with elevated fraud risk a qualified signature is advisable, because the evidential position is materially stronger. For employment contracts containing a non-compete clause, the courts look closely at whether the written form requirement has been met.
Where it goes wrong
Parties paste a scanned signature into a PDF and assume that amounts to signing; if challenged, the evidential position is weak. A second error is not retaining the platform’s audit trail. Third, it is overlooked that some documents are subject to formal requirements that cannot be met electronically.
Related terms
The signature connects to the SaaS agreement with the signing platform, to the burden of proof and to the non-compete clause.
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