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eIDAS for businesses – the complete guide to legally binding electronic signatures

Electronic signing is no longer a question of if – but how.

If your organisation uses digital signatures, understanding the eIDAS Regulation is essential. eIDAS forms the legal foundation for electronic signatures across the EU and EEA – defining how identity, intent and document integrity must be established.

This guide explains eIDAS in practical terms: the signature levels, legal implications, implementation considerations and what eIDAS 2.0 means for the future.

What is eIDAS?

eIDAS (Electronic Identification, Authentication and Trust Services) is the EU regulation governing electronic identification and trust services.

It establishes a harmonised legal framework that ensures electronic signatures, seals and timestamps are recognised across all EU member states and the EEA.

This means that a properly executed electronic signature in one EU country has legal standing in another – enabling cross-border digital transactions and secure electronic agreements.

Why eIDAS Matters for Digital Signing

Digital signatures reduce administrative burden, accelerate contract cycles and improve documentation. But the key question remains:

Is it legally enforceable?

Under eIDAS, electronic signatures can be legally valid. However, the level of evidential strength depends on the type of signature used and the risk associated with the transaction.

Proper implementation ensures:

  • Clear identification of the signer
  • Time-stamped signing events
  • Document integrity protection
  • Audit trails and traceability

The Three eIDAS Signature Levels

1. Simple Electronic Signature (SES)

The most basic form of electronic signature.

  • Internal approvals
  • Low-risk acknowledgements
  • Basic acceptance flows

SES may be sufficient where evidential requirements are limited.

2. Advanced Electronic Signature (AES)

AES is uniquely linked to the signer and capable of identifying them.

  • Employment contracts
  • Commercial agreements
  • Lease agreements
  • Customer contracts

For most business transactions, AES provides the appropriate balance between usability and legal assurance.

3. Qualified Electronic Signature (QES)

QES is the highest level under eIDAS and requires a qualified trust service provider and a qualified certificate.

QES has the equivalent legal effect of a handwritten signature throughout the EU.

It is typically required only in highly regulated sectors or where explicitly mandated by law.

How to Choose the Right Signature Level

The choice should be based on proportionality – matching the signature level to the transaction risk and regulatory context.

  • Low risk: SES
  • Standard business agreements: AES
  • Strict regulatory requirements: QES

The goal is not to choose the highest level – but the most appropriate level.

Evidential Value and Documentation

An electronic signature is more than a visual mark. Its legal strength lies in documentation.

A robust digital signing solution should document:

  • Who signed the document
  • When the signature was applied
  • That the document has not been altered after signing
  • The identification method used

This evidential package is what ensures enforceability in case of dispute.

What About eIDAS 2.0?

eIDAS 2.0 strengthens the European digital identity infrastructure and introduces the EU Digital Identity Wallet.

The existing signature levels (SES, AES, QES) remain unchanged. Businesses do not need to wait – but they should ensure their processes are future-ready and compatible with upcoming identity frameworks.

Practical Steps for Implementation

  1. Map document types and workflows
  2. Assess transaction risk and compliance requirements
  3. Select the appropriate signature level
  4. Ensure audit trail and evidential documentation
  5. Integrate digital signing into existing systems
  6. Automate where it creates operational value

Mature implementation is about integration – not just sending documents for signature.

Conclusion

eIDAS is the legal foundation for electronic signatures in Europe. Businesses should implement digital signing proportionally – balancing risk, compliance and operational efficiency.

Digital signing is not about maximum security at all times – it is about appropriate security for each use case.

FAQ

Are electronic signatures legally binding under eIDAS?

Yes. eIDAS provides the legal framework for electronic signatures across the EU and EEA. When implemented correctly, electronic signatures can be legally enforceable.

Is QES always required?

No. QES is typically required only in highly regulated environments. For most business agreements, AES is sufficient.

Should businesses wait for eIDAS 2.0?

No. The current regulation remains valid. eIDAS 2.0 enhances digital identity infrastructure but does not replace existing signature levels.

Want to learn more about eIDAS and how it applies to your business?

Understanding the regulation is one thing. Implementing compliant and scalable digital signing processes is another. If you would like to explore how your organisation can align with eIDAS and future-proof your signing strategy, we are ready to support you.