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Practical Guide
An electronic signature is essentially an electronic indication of the intention of a person to agree to the content of a document or data set. As well as the handwritten signature in the offline world, it is a legal concept that captures the intention of the signatory to be bound by the terms of the signed document.
The EIDAS Regulation defines three levels of electronic signature. Since the requirements of each level are based on those of the previous level, a qualified signature therefore meets more requirements than a simple signature.
Data in electronic format associated with others and used by the signatory to sign. For example, something as simple as signing the name in an email might constitute it.
It binds and identifies only the signatory, remains under his control and also makes any subsequent amendment to the document detectable.
This is an advanced signature created on a secure device based on a qualified certificate. Whether in person or remote, it is always managed by a qualified provider.
So, just the Qualified electronic signatures are explicitly recognised as having a legal effect equivalent to that of handwritten signatures in the EU.
Advanced signature usually uses a public key infrastructure (PKI), with certificates and cryptographic keys binding the signatory and thus making detectable any subsequent change to the document.
The qualified signature, in turn, adds two requirements: it is created on a secure signature creation device and is also based on a qualified certificate. These devices exist in various formats — smartcards, SIM cards, pen drives — and also, alternatively, in the form of a qualified remote signature, managed by a provider when the signatory does not have the device with him, still maintaining the same legal certainty.
Qualified certificates shall finally be issued by qualified providers (QTSP), status attributed by the competent national authority and officialised in National Trust Lists of each Member State.
In other words, only the qualified electronic signature has by law the same value as a handwritten signature throughout the European Union.
Since their legal effects are equivalent to those of handwritten, qualified signatures can therefore be used in the same situations. — Right across the border.
Sale, lease, employment, insurance, among others.
Electronic commerce, online banking, among others.
Tax returns, applications for certificates, among others.
First recognised in the eSignature Directive (1999), digital signatures in the EU have since 1 July 2016 been governed by eIDAS Regulation — i.e. a predictable and directly applicable framework for all Member States, thus allowing secure electronic interactions between companies, citizens and public authorities.
In short, electronic signature allows complete scanning of processes by eliminating paper, printing, mail and physical file — and, consequently, all its disadvantages: risk of loss, difficulty in research and sharing, and need for physical storage.
The digital signature is fast, sustainable, safe and convenient — contributing to a better experience from all sides.
