An electronic signature is 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, where the signatory is a natural person. Like its handwritten counterpart in the offline world, an electronic signature can be used, for instance, to electronically indicate that the signatory has written the document, agreed with the content of the document, or that the signatory was present as a witness.
Advanced electronic signatures (AdES)
An advanced electronic signature is an electronic signature which is additionally:
- uniquely linked to and capable of identifying the signatory;
- created in a way that allows the signatory to retain control;
- linked to the document in a way that any subsequent change of the data is detectable.
Legal effects of an electronic signature
Across all EU Member States, the legal effects of electronic signatures are laid down in Article 25 of eIDAS. An electronic signature (either simple, advanced or qualified) 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.