The Qualified Electronic Signature
A guarantee of security and legal compliance
The specific features of the qualified electronic signature
According to the eIDAS regulation, the qualified electronic signature represents the highest level of security. It is legally recognised as equivalent to a handwritten signature in all European Union countries. It is distinguished by several key characteristics:
- Authenticity and identity verification: The signatory is authenticated by a Qualified Trust Service Provider (QTSP) via a rigorous process, including face-to-face verification, by video or by means of an electronic identity card. They use a Qualified Signature Creation Device (QSCD).
- Integrity and inviolability of the document: any modification made after the signature is given renders it invalid. Qualified digital certificates guarantee total preservation of the document’s integrity.
- Non-repudiation: A qualified signature is particularly strong evidence in court. It has maximum probative value, placing the burden of proof on the party contesting the signature.
- Legal recognition throughout Europe: The qualified electronic signature is automatically recognised by all administrations and courts in the EU Member States, in the same way as a handwritten signature.
- Qualified certificate: This is issued by a QTSP, in accordance with current European standards, and must be valid at the time the signature is affixed.
- Secure signature device (QSCD): This may be a hardware device (cryptographic key, smart card) or software, designed to protect the signatory’s private key while complying with European security requirements.
Simple | Advanced | Qualified
Not all electronic signatures are equal!
The eIDAS regulation, which came into force in 2016, provides a framework for electronic transactions throughout the European Union. It defines three levels of electronic signature, each corresponding to a different level of requirement in terms of identification of the signatory.
Here is an overview of the three levels:
This is the basic level. The simple signature covers all signature devices that do not require prior verification of identity. It is widely used and accounts for around 90% of electronic signatures. Although it offers a modest level of security, it remains legally valid throughout the EU.
More secure than the simple signature, the advanced signature requires more rigorous identification of the signatory, generally via a digital certificate. This level is recommended where the documents to be signed have significant legal implications. It guarantees that the signature is unique to the signatory, created under his or her exclusive control, and securely linked to the document.
This is the highest level of safety. To be valid, QES must meet strict requirements, including :
- The use of a qualified signature creation device (QSCD).
- Issuance of a qualified certificate by an accredited trust service provider.
In compliance with Article 3 of the eIDAS regulation, this signature is designed to offer the most robust guarantees, both in terms of authentication and legal reliability.
Signature level | Security level | Signatory identification | Recommended use | Legal value |
Simple signature | 🔓 Low | No prior identity verification | Common, low-stake documents | ✅ Legally recognized |
Advanced signature | 🔒 Good | Digital certificate authentication | Sensitive documents with important legal implications | ✅ Legally recognized |
Qualified signature | 🔐 Strong | Strict verification + qualified certificate | High-value contracts, regulatory compliance | ✅ Recognized as handwritten equivalent |
To remember
All levels of electronic signature are legally recognized and binding in all EU member states. The difference between them therefore lies not in their legal validity, but in the degree of security and fraud protection they offer. The choice of level thus depends on the type of document, its importance, and the associated risks.
✅ Legal recognition in the European Union
Qualified electronic signatures (QES) have the same legal value as handwritten signatures, both in France and throughout the European Union. This recognition is based on the eIDAS regulation (article 25.2) and on article 1367 of the French Civil Code. In legal matters, it has maximum probative force: it is presumed to be reliable, and it is up to the party contesting it to demonstrate its irregularity.
What’s more, any QES issued by a qualified provider in an EU member state is automatically accepted in all other EU countries, with no additional formalities. Thanks to its compliance with European standards, it is the ideal solution for documents with high legal value.
⚖️ Legal and operational benefits
Qualified electronic signatures offer solid legal and practical guarantees:
Legally, it ensures :
- pan-European legal validity,
- high probative value,
- certain identification of the signatory,
- document integrity,
- and non-repudiation of signed deeds.
Operationally, it enables :
- secure digital exchanges,
- reduce the risk of fraud,
- speed up administrative and contractual processes,
- reduce paper and postage costs,
- and ensure complete traceability thanks to an unfalsifiable digital fingerprint.