Not all digital signatures are the same!
Almost all of us have dragged a photo of our signature onto a document and checked it off as digitally signed. This may have been sufficient for simple and informal documents, but this approach has its limits. For this reason, a distinction is made between three types of signature and only the qualified signature is legally 100% equivalent to the handwritten signature. This requires a more complex technology (e.g. sproof sign) that can create an encrypted, verifiable signature in the background.
Depending on the application and requirements, a specific signature standard must be selected. The legal basis for this in the EU is the eIDAS Regulation , which specifies requirements for the individual forms. The three most important signature standards and their various properties are explained in this article.
The QES - the digital equivalent of the handwritten signature
According to the eIDAS Regulation, a qualified electronic signature (QES for short) is legally 100% equivalent to a handwritten signature and meets the highest quality criteria. However, the signature must be executed using a qualified signature creation device and 2-factor authentication. In Austria, for example, this is implemented with the Handy-Signatur (ID Austria). The qualified digital signature must also include the name of the signatory.
For contracts with legal formal requirements (written form requirement) and high demands on the probative value and trust of all contracting parties, only the qualified signature should therefore be used. In addition, the QES can maximize the probative value of form-free contracts and minimize the risk.
The QES is sproof sign's carefree signature specialty. With us, even the highest demands are met.
The AES - the flexible choice for documents without formal requirements
In addition to the simple digital signature, the advanced electronic signature (AES for short) offers the option of uniquely identifying the signatory. Identification can take place via the e-mail address, telephone number, etc. and identity verification is therefore also possible retrospectively.
Every signature made with sproof sign already achieves the high level of security guaranteed by the advanced digital signature. With us, the signatory is additionally identified using the email address, for example. This type of digital signature therefore already has sufficient probative value for many applications. The AES is mainly used for contracts without formal requirements, such as rental agreements or simple employment contracts.
The EES - for informal documents without liability risk
The simple electronic signature (EES for short) has no probative value or can in no way replace a written signature, as it contains no means of identification and therefore cannot be clearly assigned to a person. It is therefore only suitable for formless contracts and informal documents. A common example of a simple signature is an uploaded photo or a scan of a signature that is placed on a document.
*The examples may vary depending on the country and internal guidelines and should therefore only serve as an aid to understanding! Please consult a legal advisor or our sales department for your specific case.
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