A contract doesn’t need paper
In most European countries the starting point is freedom of form: a contract is formed when the parties agree, and most contracts don’t have to be on paper or signed by hand. A signature – on paper or electronic – is above all evidence of who accepted the agreement, what they accepted and when.
Article 25 of the EU eIDAS Regulation (EU) No 910/2014 states that an electronic signature shall not be denied legal effect or admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form. The regulation applies directly in every EU member state and, through the EEA Agreement, in Norway, Iceland and Liechtenstein. The UK kept the same rules in its own law after Brexit (“UK eIDAS”).
What are the three levels of electronic signature?
| Level | What it means | Typical use |
|---|---|---|
| Electronic signature (SES) | The signer’s consent in electronic form – for example a signature given through a personal link, backed by an audit trail. | Most agreements: tenancy, employment and service agreements, bills of sale, powers of attorney, NDAs. |
| Advanced electronic signature (AdES) | Uniquely linked to the signer and created so that any later change to the document can be detected. | When stronger proof of the signer’s identity is needed. |
| Qualified electronic signature (QES) | Created with a qualified certificate and a qualified signature creation device. Legally equivalent to a handwritten signature. | Documents where the law or the other party requires this level. |
Signer provides a simple electronic signature, backed by a detailed audit trail. It is valid for most agreements, but it is not a qualified electronic signature and does not replace signing with a national e-ID or bank ID.
What does Signer’s audit trail prove?
- Who: the signer received a personal, unguessable link at their own email address (and by text message, if you chose that).
- What: the document’s SHA-256 hash is recorded. If the document is changed after signing, the hash changes.
- When and where from: the timestamp of the signature, the IP address and browser details.
- How: the signer agreed to sign electronically and drew their signature or typed their name.
All of this is attached to the end of the final PDF as a signing certificate, and every party receives the same document by email.
When is an electronic signature not enough?
When the law or the other party requires a particular form. The rules vary from country to country, but common examples are:
- Property transfers (land, houses, holiday homes): in many countries the sale needs a notary, a formal deed or registration in the land register.
- Wills: usually have to be handwritten or signed on paper in front of witnesses.
- Some family-law agreements, such as prenuptial and marriage agreements, which often need witnesses, a notary or registration.
- Documents that require a qualified signature or a national e-ID: when an authority, a bank or the other party asks you to sign with a bank ID, an ID card or another qualified electronic signature.
This page is general information, not legal advice. The rules differ from country to country – if a lot is at stake or you’re unsure about form requirements, check with a lawyer.
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