What is an electronic signature?

The three levels

• Simple electronic signature: any digital way of giving consent, such as a scribble on a screen, a scanned signature or a tick box with your name. Simple, but its evidential value depends on what you record around it.
• Advanced electronic signature: is uniquely linked to the signatory, identifies them and shows whether the document was changed after signing. Digital signing software usually does this with a text message code or an ID check and a sealed document with a record of the signing.
• Qualified electronic signature: an advanced signature created with a qualified certificate and a secure device from a recognised trust service. Under the eIDAS Regulation it has the same legal effect as a handwritten signature, throughout the EU.

Is an electronic signature legally valid?

Yes. Under eIDAS, a court may not reject an electronic signature solely because it is electronic. The Dutch Civil Code states that an electronic signature has the same effect as a handwritten one if the method is reliable enough for its purpose. In a dispute you do need to be able to show who signed: the higher the level, the easier that is. For some legal acts the law prescribes a special form, such as a notarial deed.

Which level do you need?

For quotes, order confirmations, employment contracts and most other agreements, an advanced signature is more than enough. A qualified signature is needed when a law or a party requires it, for example in some tenders or documents for public authorities. Record which level you use for which documents, and keep signed documents with their record in a DMS or archive.