In short
Yes. Under the eIDAS Regulation, “an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures” (Regulation (EU) No 910/2014, Article 25(1)). A qualified electronic signature (QES) has “the equivalent legal effect of a handwritten signature” (Article 25(2)). National law still decides other form rules, so some documents may need more.
The three signature levels
eIDAS defines three levels (Article 3, points 10 to 12):
| Level | What the law says |
|---|---|
| Simple electronic signature (SES) | "Data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign." |
| Advanced electronic signature (AES) | An electronic signature that meets the four requirements in Article 26. |
| Qualified electronic signature (QES) | An AES "created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures." |
Under Article 26, an AES must:
- Be uniquely linked to the signatory.
- Be capable of identifying the signatory.
- Be created using signature creation data that the signatory can, with a high level of confidence, use under their sole control.
- Be linked to the signed data so that any later change is detectable.
Legal effect and recognition
- Any electronic signature, including an SES, cannot be rejected solely because it is electronic or not qualified (Article 25(1)).
- A QES has the equivalent legal effect of a handwritten signature (Article 25(2)).
- A QES based on a qualified certificate issued in one Member State is recognized as a QES in all other Member States (Article 25(3)).
- eIDAS “does not affect national or Union law related to the conclusion and validity of contracts or other legal or procedural obligations relating to form” (Article 2(3)). Recital 49 adds that it is for national law to define the legal effect of electronic signatures, apart from the QES rule.
Regulation (EU) 2024/1183 amended eIDAS to set up the European Digital Identity Framework (2024/1183). It defines the European Digital Identity Wallet, which lets users sign with qualified electronic signatures.
Exceptions
eIDAS does not list excluded document types. Because of Article 2(3), a Member State’s law may still require a specific form, such as a QES, a notary or paper, for some documents. Check the national law that governs your document.
Practical checklist
- Decide which level you need, based on the law, the contract and your risk.
- Check national form rules for the document type.
- For an AES, confirm that your full setup meets all four Article 26 requirements.
- For a QES, use a qualified certificate from a Qualified Trust Service Provider (QTSP), and confirm the provider’s qualified status at the time of signing.
- Keep the signed document, the audit trail and any certificate and validation data.
- Review your GDPR duties for signer data. See our GDPR overview.
How vScrawl fits
- vScrawl provides configurable workflows, signer authentication (two-factor authentication and passkeys), audit evidence and document-integrity controls that can support eIDAS-aligned signing.
- vScrawl can support workflows with stronger authentication, signer linkage, document integrity and evidence. Whether a workflow meets all AES requirements depends on its full configuration.
- vScrawl is not a Qualified Trust Service Provider and does not issue qualified certificates. A QES needs a qualified certificate from a QTSP.
- Completed documents carry tamper-evident seals, so later changes can be detected.
- You can choose to store data in the EU. Other listed regions are the US, Canada and Australia.
vScrawl does not guarantee that a workflow is compliant by default. The result depends on the signature level, provider, certificate, identity checks, document type, jurisdiction and your settings. Read more in our eIDAS overview and QES overview.
FAQ
Is a simple electronic signature valid in the EU?
Yes, it cannot be denied legal effect or admissibility as evidence solely because it is electronic or not qualified. Its further legal effect is a matter for national law.
When do I need a QES?
When a law, a contract or your own policy requires the highest level. A QES is the only level that eIDAS expressly treats as equivalent to a handwritten signature.
Can vScrawl create a QES on its own?
No. vScrawl is not a QTSP and does not issue qualified certificates.
Does eIDAS still apply in the UK?
The UK keeps its own version of the regulation. See UK e-signature law.
Related: E-signature laws by country
This page is general information, not legal advice. Check national law and ask a qualified lawyer before choosing a signature level.
Sources
- Regulation (EU) No 910/2014 (eIDAS), EUR-Lex: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R0910
- Regulation (EU) 2024/1183, EUR-Lex: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202401183
