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Signature types ✍️

description of available contract signature types

Written by Stefanie Kotynek

Introduction 👋

With fynk, you can sign documents electronically and use different types of electronic signatures. Which signature type is suitable depends on factors such as the document, the desired level of security, and the applicable legal requirements.

Under the European eIDAS Regulation, three types of electronic signatures are generally distinguished:

  • Simple Electronic Signature (SES)

  • Advanced Electronic Signature (AES)

  • Qualified Electronic Signature (QES)


Simple Electronic Signature (SES)

A Simple Electronic Signature (SES) is the most basic form of electronic signature.

It is used to electronically express a person's consent to a document. Here, users only need to provide a signature without the necessity for a second authentication step.

Examples of simple electronic signatures include:

  • a signature drawn using a mouse, touchpad, or touchscreen

  • a typed name

  • an image or scan of a handwritten signature

  • depending on the use case, an electronic confirmation such as "I agree"

An SES is particularly suitable for documents and processes where enhanced identity verification is not required.


Advanced Electronic Signature (AES)

An Advanced Electronic Signature (AES) provides a higher level of security than a simple electronic signature.

It is uniquely linked to the signer and allows for stronger verification of their identity. In this approach, a secondary authentication step is implemented through a code sent to a mobile device (via SMS or WhatsApp).

An AES is suitable for many business agreements and contracts where a higher level of security and traceability is desired.

Typical use cases may include:

  • Non-Disclosure Agreements (NDAs)

  • service agreements

  • business agreements

  • other documents requiring an increased level of security


Qualified Electronic Signature (QES)

A Qualified Electronic Signature (QES) provides the highest level of security of the three electronic signature types.

It is a special form of advanced electronic signature and requires additional security measures. These include reliable identity verification and a qualified certificate issued by a qualified trust service provider.

Under the European eIDAS Regulation, a qualified electronic signature generally has the same legal effect as a handwritten signature.

A QES is therefore particularly relevant for documents subject to especially high legal or regulatory signature requirements.


What is the difference between SES, AES, and QES?

The three signature types primarily differ in terms of identity verification, security, and traceability.

SES

AES

QES

Security level

Basic

High

Very high

Additional identity verification

Generally no

Yes

Yes, with strict requirements

Digital certificate

Not required

Depending on implementation

Qualified certificate required

Traceability

Basic

Enhanced

Highest

Typical use

Documents with lower requirements

Many business contracts

Particularly sensitive or regulated documents

💡 In short: The higher the signature level, the stricter the requirements regarding the identification of the signer and the technical security of the signature.


Which signature type do I need?

Which signature type is suitable or required for a particular document depends on the specific use case and the applicable legal requirements.

Not every contract automatically requires a qualified electronic signature. For many business agreements, a simple or advanced electronic signature may be sufficient.

However, for documents subject to specific statutory form requirements, you should check in advance which type of signature is required.

💡 Note: fynk can provide you with different technical options for electronically signing documents. However, the signature type required for your specific legal use case may depend on the country, type of document, and other circumstances.


Are electronic signatures legally valid?

Electronic signatures are governed within the European Union by the eIDAS Regulation.

As a general principle, an electronic signature cannot be denied legal effect or admissibility as evidence solely because it is in electronic form or because it does not meet the requirements for qualified electronic signatures.

However, its specific legal effect may depend on the signature type used, the document in question, and applicable statutory form requirements.

Under eIDAS, a Qualified Electronic Signature (QES) explicitly has the same legal effect as a handwritten signature.


Electronic signature vs. digital signature

The terms electronic signature and digital signature are often used interchangeably, but they do not describe exactly the same thing.

An electronic signature describes the electronic process through which a person expresses their consent to a document.

A digital signature, on the other hand, refers to a technical method that uses cryptographic processes to help ensure, for example, the authenticity of the signer and the integrity of a document.

Digital signature technologies can be used in particular for advanced and qualified electronic signatures.


More information about electronic signatures 📚

Would you like to learn more about electronic signatures, their legal framework, security levels, and possible use cases?

Our comprehensive guide provides further information about SES, AES, and QES, the eIDAS Regulation, and the legal validity of electronic signatures: 👉 Electronic Signatures: A Complete Guide


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