Europe does it differently
The US treats electronic signatures as broadly equivalent to handwritten ones. The EU's eIDAS Regulation is more granular: it defines three distinct tiers, each with different legal weight and different requirements. Choosing the wrong tier for a high-stakes agreement is a real risk.
The three tiers
- Simple Electronic Signature (SES). Any electronic data attached to or associated with a signature. A typed name or a clicked "I agree" qualifies. Valid and admissible, but the burden of proving authenticity is on you.
- Advanced Electronic Signature (AES). Uniquely linked to the signer, capable of identifying them, created with data the signer controls, and linked to the document so any change is detectable.
- Qualified Electronic Signature (QES). An AES created by a qualified signature-creation device and based on a qualified certificate issued by a trust service provider. A QES carries the same legal effect as a handwritten signature across all EU member states — and uniquely shifts the burden of proof to the party disputing it.
When you need a QES
For most commercial agreements, AES is sufficient and far more practical. QES becomes relevant when:
- A specific national law requires it (some real estate, certain public-sector contracts)
- The agreement is high-value enough that you want the reversed burden of proof
- A counterparty's legal team insists on it
The cross-border guarantee
eIDAS includes a mutual recognition principle: a QES valid in one member state must be recognized in all others. This is the regulation's superpower — it makes a single signing standard work across 27 countries.
Practical guidance
Default to AES for international commercial signing; it satisfies the vast majority of cases and is straightforward to provision. Reserve QES for the documents where law or risk demands it, and confirm your trust service provider is on the EU Trusted List before you rely on it.