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eIDAS

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Definition

eIDAS is the EU regulation, in force since 2016, that defines three tiers of electronic signature (simple, advanced, and qualified) and guarantees that a signature can't be rejected by EU courts just for being electronic.

eIDAS (Electronic Identification, Authentication and Trust Services, Regulation 910/2014) is the EU's single rulebook for electronic signatures, applied identically in every member state since July 2016. Where US law mostly asks 'was there intent and consent', eIDAS adds a tiered structure that assigns different legal weight to different signature technologies.

The three tiers

A Simple Electronic Signature (SES) is any electronic data attached to other data and used to sign: a drawn signature, a typed name, a click with the right evidence around it. An Advanced Electronic Signature (AES) must be uniquely linked to the signer, capable of identifying them, made with means under their sole control, and tamper-evident. A Qualified Electronic Signature (QES) is an AES made with a certified device and a qualified certificate from an audited trust provider, and it alone is automatically equivalent to a handwritten signature across the EU.

Which tier do you actually need?

SES is legally admissible and is what the vast majority of business documents use: NDAs, intake forms, waivers, service agreements, employment paperwork in most member states. QES is reserved by national law for specific high-stakes documents, like certain real-estate transfers, some consumer credit agreements, and notarial acts. If you're not sure you need QES, you almost certainly need SES.

Where Sign Sail sits

Sign Sail captures eIDAS Simple Electronic Signatures with an evidence bundle (IP, timestamp, user-agent, SHA-256 hash, frozen form schema) that goes well beyond the SES minimum, and seals completed PDFs cryptographically using PAdES, the EU's own standard format for PDF signatures. It does not issue Qualified Electronic Signatures; if your document legally requires QES, you need a qualified trust service provider.

↗ · Common questions

Is a simple electronic signature legally valid in the EU?

Yes. eIDAS Article 25 says an electronic signature can't be denied legal effect solely because it's electronic or doesn't meet the qualified tier. SES is admissible evidence; what varies is the weight a court gives it, which is exactly what a strong audit trail improves.

Do I need QES for an NDA with an EU company?

Almost never. QES requirements come from specific national laws covering specific document types, and ordinary commercial agreements like NDAs aren't on those lists. SES with good evidence is standard practice for B2B contracts across the EU.

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