A Qualified Electronic Signature (QES) is a specific type of digital signature that provides the highest level of security and legal recognition within the European Union. It is recognized under the eIDAS regulation, which governs electronic identification, authentication and trust services. A QES holds the same legal weight as a traditional wet signature in pen on paper.

QES are uniquely linked to the signatory – through a face-to-face process or equivalent remote alternative – capable of identifying the signatory and created in such a way that allows the signatory to retain control over the signature. It also links data to the signatory meaning that it is possible to detect if the content relating to the signature has changed after being signed.

Key features of a QES

• Unique to one individual signatory so can be linked to that identity to prove ownership

• Allows the party accepting the signature to make precise identification of the signatory

• Linked to signed data to ensure its integrity and to identify any tampering after the person signs it

• Invalidates data that is added after the signature takes place

• Created using a qualified signature creation device (QSCD) to provide additional security

• Burden of proof is on the complainant to prove that the QES is not valid, rather than the signatory, as in the case of simple electronic signatures (SES) and advanced electronic signatures (AES).

Use cases

There are many use cases whereby businesses accept QES. They include:

• Signing employment contracts in a legally binding manner

• Confirming high-value agreements such as for mortgages and other financial transactions

• Non-disclosure agreements for stakeholders

• Healthcare documentation, such as consent forms and access to private records

• Applications for permits and licenses from government bodies.

Benefits to businesses of using QES

Some of the benefits to businesses of using QES include:

• Enhanced security and trust from stakeholders

• Compliance with the law, such as the eIDAS regulation

• Cross-border acceptance and standardization across the European Union

• Increased efficiency and cost-savings by eliminating the need to send the document by mail and chase up wet signatures in person

• Convenient customer experience without having to print out documents, sign them and return them

• Enhanced business opportunities due to the ability to accept signatures across the EU

• More sustainable working practices, saving paper by adopting a digital-first approach.

How to create a QES

Here is how a user creates a QES to use on documents:

1. The party requesting the signature sends a signing request, directing the user to the document on its website or directly embedded in an email.

2. Acquire a digital certificate from a Trust Service Provider (TSP) that is recognized as a Qualified Trust Service Provider (QTSP) under eIDAS. The user should provide a document with strong personal digital entitlement to prove their identity, such as a passport or national ID card.

3. Generate the signature using a QSCD, which stores the signature keys securely, remaining under the control of the signatory.

4. Apply the signature to the document using the private key associated with the signatory’s digital certificate. The process ensures the integrity and non-repudiation of the document.

Regulatory compliance

The eIDAS Regulation states that “an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form.” It bestows the qualified electronic signature (QES) with the same status as a traditional pen and ink signature.

*Disclaimer: This content does not constitute legal advice. The suitability, enforceability or admissibility of electronic documents will likely depend on many factors such as the country or state where you operate, the country or state where the electronic document will be distributed as well as the type of electronic document involved. Appropriate legal counsel should be consulted to analyze any potential legal implications and questions related to the use of electronic documents.