E-signature legality · European Union
Are electronic signatures legal in the European Union?
Reviewed
In short
Yes. The eIDAS Regulation says an electronic signature can't be denied legal effect or admissibility as evidence solely because it is electronic or doesn't meet the requirements for qualified signatures. A qualified electronic signature has the equivalent legal effect of a handwritten signature in every member state. eIDAS doesn't change national rules on contract form, so documents such as notarial deeds, some property transactions and wills still follow each country's law.
The law
Laws that apply
- 2014Regulation (EU) No 910/2014 (eIDAS)
Art. 3 defines electronic, advanced and qualified electronic signatures; art. 25 sets their legal effect; art. 2(3) leaves national form requirements untouched. Applies directly in all member states.
Source: eur-lex.europa.eu
- 2024Regulation (EU) 2024/1183 establishing the European Digital Identity Framework (eIDAS 2.0)
In force since 20 May 2024. Amends eIDAS to introduce European Digital Identity Wallets, which must let people create qualified electronic signatures, and updates trust-service rules.
Source: eur-lex.europa.eu
Generally fine to sign electronically
- Commercial contracts between businesses
- Employment contracts, except where a member state requires handwritten or qualified form for particular documents
- Consumer agreements and online terms
- Procurement and supplier documents, subject to the procuring authority's requirements
- Documents where a member-state law requires written form, using a qualified electronic signature where that law accepts it
Exceptions and extra formalities
- National rules on form, which eIDAS doesn't override: for example notarial deeds, many real-property transfers, and family-law and succession acts
- Wills, which national laws generally require to be handwritten, witnessed or notarized
- Documents for which national law requires a qualified electronic signature to replace written form (Germany's BGB §126a is an example)
- Filings with public authorities that prescribe a particular signature level or eID
In practice
Things to know
Every PDFBetter signer signs with their own cryptographic key: their browser generates an ECDSA P-256 key that never leaves the device and signs a statement binding the document's SHA-256 fingerprint to exactly what they entered, and PDFBetter's certificate authority certifies that key. Every completed PDF and its certificate of completion are digitally sealed with a PAdES signature and, when the service is reachable, independently time-stamped under RFC 3161, so any change shows in PDF readers. The evidence is built into the file: signed statements, device signatures, certificates, entered values and a hash-chained audit log of every view, consent, signature and decline with time and IP address. Signers consent to sign electronically first, the sender can require an emailed 6-digit code, and completed evidence is kept for 7 years. Signature requests are designed to the technical requirements of an advanced electronic signature (eIDAS art. 26): a unique key per signer, under their sole control, linked to the document so any change is detectable. Signers are identified by email (and an optional emailed code), not by ID documents or SMS.
eIDAS defines three levels. A simple electronic signature is any electronic signature; an advanced one must be uniquely linked to and identify the signer, be under the signer's sole control and make later changes detectable; a qualified one is an advanced signature created on a qualified device with a qualified certificate. PDFBetter's place is described above: signature requests are designed to the advanced level's technical requirements, signers are identified by email (and an optional emailed code) rather than ID documents or SMS, and the signatures are not qualified.
PDFBetter does not create qualified electronic signatures (QES) and does not offer SMS codes, phone authentication, knowledge-based questions or government ID checks. Its seal certificate comes from PDFBetter's own certificate authority, not a government-accredited one, and is not yet on Adobe's trust list, so Acrobat shows the seal's identity as not verified while still detecting changes. Where a law requires a qualified or accredited signature, verified identity, a notary, wet ink or a witness, use a process that provides it.
This page summarizes what the law generally says, with links to the official texts. PDFBetter is not a law firm; for an important or unusual document, check with a lawyer qualified where the document will be relied on.
What PDFBetter gives you as evidence
Every signer signs with their own cryptographic key, bound to the document’s SHA-256 fingerprint, after recorded consent and an optional emailed code. The completed PDF and certificate of completion are digitally sealed and independently time-stamped, with the hash-chained audit trail built into the file. Designed to the technical requirements of an advanced electronic signature (eIDAS art. 26); signers are identified by email (and an optional emailed code), not by ID documents or SMS. Not a qualified signature (QES).
E-signatures in the European Union: questions people ask
Is a simple electronic signature valid in the EU?
eIDAS says it can't be denied legal effect or admissibility solely because it is electronic or not qualified. Its weight as evidence depends on the circumstances and national law.
When do I need a qualified electronic signature (QES)?
When national law requires written form and accepts only a qualified signature as its electronic equivalent, or when you want the strongest presumption across member states. Qualified signatures require identity verification by a qualified trust service provider.
What changes with eIDAS 2.0?
Regulation 2024/1183 introduces European Digital Identity Wallets, which member states must offer and which must allow people to sign with qualified electronic signatures. The basic legal effect of simple, advanced and qualified signatures stays the same.
Does eIDAS make every document signable electronically?
No. It leaves national rules on contract form untouched, so documents that require notarization or other formalities still follow national law.
Is a PDFBetter signature advanced or qualified?
PDFBetter signature requests are designed to the technical requirements of an advanced electronic signature (eIDAS art. 26): a unique key per signer, under their sole control, linked to the document so any change is detectable. Signers are identified by email (and an optional emailed code), not by ID documents or SMS. They are not qualified electronic signatures (QES), so they don't get the automatic handwritten-equivalent effect a QES has.