Everything you need to know about digital signatures
There are three types of electronic signatures: the simple electronic signature (EES), the advanced electronic signature (AES) and the qualified electronic signature (QES). Each has specific requirements and areas of application. Which type of signature is the right one depends on the type of document and the legal requirements.
What is a simple electronic signature?
The simple electronic signature (EES) is the most basic form of electronic signature. It enables documents to be signed quickly and easily. The EES ensures the integrity of the document, but offers only limited legal validity and traceability. It is particularly suitable for documents with a low liability risk and without legal formal requirements, such as internal or informal external documents.
For which use cases do we need the EES?
- Internal documents: employee assessments, internal reports or project documents.
- Order forms: for simple orders and assignments without a high legal commitment.
- Declarations of consent or agreement: for agreement to general terms and conditions or guidelines.
- Non-disclosure agreements (NDAs): For simple confirmations without complex security requirements.
These documents benefit from the quick and easy handling of EESs, as they do not have high legal requirements.
What is an advanced electronic signature?
The advanced electronic signature (AES) offers more security and greater conclusiveness than the EES. It requires additional authentication steps, such as verifying the signing person via an SMS code. The AES is legally binding and suitable for documents with a calculable liability risk that do not require a statutory written form. Its advantage lies in its higher conclusiveness and security compared to the EES.
When do we need the AES?
- Employment contracts: For contracts that do not require a legally prescribed signature on paper but still need a higher level of security.
- Purchase and leasing contracts: For medium to large transactions where the identification of the contractual partners is important.
- Supplier and service contracts: To ensure that agreements are legally binding and protected.
- Offers and quotations: For quotations where additional authentication is required to ensure reliability and dependability.
- Non-Disclosure Agreements (NDAs): When legal protection beyond a simple confirmation is required.
The FES is ideal when an increased level of security and conclusiveness is necessary without meeting the highest legal requirements.
What is a qualified electronic signature?
The qualified electronic signature (QES) is the highest level of electronic signature and is equivalent to a handwritten signature. It offers maximum security because the identity of the signatory is verified by an accredited certification authority. The QES is used for documents that require a high degree of legal binding or where a legal written form is required.
When do we need the QES?
- Employment contracts and terminations with enhanced security requirements: For important or confidential contracts where strong authentication is desired, although no legal written form is required.
- Apprenticeship contracts and contracts for temporary work: These are subject to the written form and can be signed with legal certainty using the QES.
- Loan agreements: Such as consumer loan agreements that are subject to legal requirements.
- Supplier and service contracts: For long-term or high-volume agreements that require legal security and verifiability of the signature.
- Insurance contracts: Particularly for life insurance or other long-term, legally complex agreements.
- Powers of attorney: Especially for powers of attorney that require the written form.
- Marriage and dating agency contracts: These must be in writing and can be signed with legal validity using the QES.
In such cases, the QES guarantees maximum legal security and is equivalent to a handwritten signature in court. In fact, it offers even greater security and conclusiveness than a handwritten signature, as it can be clearly assigned to a person based on prior identification with an ID card.
Would you like to find out how you can use the appropriate type of signature efficiently and securely in your company? Find out more on our signeer product page, where we provide solutions for your individual requirements.
Good to know: Please note that the choice of e-signature standard depends on the applicable legal requirements and internal guidelines and may differ from the examples given. For a binding assessment in your specific case, we recommend that you seek legal advice.
