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Understanding Electronic Signatures in the EU: SES, AES, and QES

• Written by Kriti Pinto

At DocuSeal, we’re committed to simplifying eSignatures for businesses of all sizes. To help you navigate the landscape, we’ve broken down the three main types of electronic signatures as per European eIDAS regulation: Simple Electronic Signature (SES), Advanced Electronic Signature (AES), and Qualified Electronic Signature (QES).

What is an Electronic Signature?

Electronic signatures (eSignatures) are digital tools used to sign documents electronically, providing a convenient, secure, and legally recognized alternative to handwritten signatures.

Within the category of eSignatures, digital signatures offer enhanced security through cryptographic technologies and are often required for highly regulated transactions. In the EU, eSignatures are governed by the eIDAS Regulation, ensuring compliance and legality across all member states.

Let’s explore the three main types of eSignatures in more detail.

1. Simple Electronic Signature (SES): For common transactions

SES is the most basic form of eSignature. It allows signers to confirm their agreement by providing authentication, such as access to an email.

Use Cases: Everyday business agreements, internal forms, or standard contracts. Most of the businesses require SES.

Benefits: Quick and easy to implement, suitable for non-sensitive transactions.

At DocuSeal, we make it simple for users to create SES quickly while maintaining a clear audit trail for added reliability.

2. Advanced Electronic Signature (AES): For secure transactions

AES adds a layer of security with identity verification and digital certificates. It’s ideal for transactions that require a higher level of signer assurance.

Key Features:

  • Identity verification through official documents or biometric checks.
  • Secure links between the signature and the signer.

Use Cases: Any highly regulated sector (banking, legal, finance) where legally binding documents with strong identity verification are needed

DocuSeal’s AES process ensures secure, compliant signatures, making it easy to verify identities while maintaining a seamless signing experience.

3. Qualified Electronic Signature (QES): For Regulated Transactions

QES represents the highest standard of eSignature security, requiring identity verification by a Qualified Trust Service Provider (QTSP) and compliance with the EU Trusted List.

Key Features:

  • Digital certificates issued by certified authorities.
  • The highest level of security and assurance.

Use Cases: Regulatory filings, or contracts requiring utmost assurance.

DocuSeal supports QES through partnerships with trusted providers offering a seamless way to meet compliance requirements.

How to Determine the Right Type of eSignature for Your Business?

Choosing the right type of eSignature is crucial to ensure legal compliance, data security, and a seamless experience for all parties involved. Here are some steps businesses can take to decide:

Assess the Nature of the Transaction

  • For simple, low-risk agreements (e.g., internal approvals or standard contracts), a Simple Electronic Signature (SES) may suffice.
  • For higher-value transactions or contracts requiring identity verification, an Advanced Electronic Signature (AES) is a better option.
  • For regulated or high-assurance transactions, a Qualified Electronic Signature (QES) is essential.

Understand Legal and Industry Requirements

Research the regulatory framework for your region or industry. For instance, the eIDAS Regulation governs eSignatures in the EU, while specific industries like healthcare or finance may have stricter rules.

Evaluate Security and Compliance Needs

If fraud prevention or data protection is a priority, AES or QES, which provide robust identity verification and encryption, are ideal.

Consider User Experience

For transactions requiring speed and simplicity, SES is the most user-friendly option that is also secure and generally accepted. For those involving multiple verification steps, AES or QES provide enhanced security, albeit with a bit more complexity.

Consult Legal or Compliance Teams

Engage your legal or compliance teams to ensure your choice aligns with your business’s legal obligations and risk management strategies.

Leverage a Trusted eSignature Provider

Partner with a platform like DocuSeal that offers SES, AES, and QES options. This ensures you have the flexibility to adapt to different transaction needs without switching providers.

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